A legal malpractice plaintiff is not required to first vacate or repudiate a prior settlement as a prerequisite to filing a legal malpractice claim against the prior attorney.

A plaintiff who settles a case based on the attorney's negligent representation may proceed in suit against that attorney without seeking first to vacate or repudiate the complained-of settlement, even though the plaintiff previously represented unconditional satisfaction of the terms and conditions of the settlement but was not asked if the settlement was fair and acceptable.

Case Law Alert - 4th Qtr 2010