Copenbarger

Lawyers, sued for malpractice, filed an action for indemnity against the lawyers who subsequently represented their dissatisfied client. The action for indemnity was dismissed. In a subsequent action for the malicious institution of the indemnity action, the court determined there was probable cause for instituting and maintaining the action and entered judgment for defendants. Appellants, plaintiffs in the action for malicious institution, contend this determination was error since an action for indemnity against successor lawyers is clearly prohibited. We affirm.

Facts

This case represents a daisy chain of litigation which started with Mrs. Nelson’s divorce some 15 years ago. The firm of Hewitt and Marshall (H&M) initially agreed to represent her. Alas, the relationship between H&M and Mrs. Nelson soon took the same course as the relationship between Mr. and Mrs. Nelson, causing H&M to substitute out as her attorneys. Shortly thereafter H&M sued Mrs. Nelson to recover legal fees. Mrs. Nelson countered by filing a cross-complaint charging H&M with legal malpractice in the handling of her divorce action. The cross-complaint was defended by the firm of Luce, Forward,…