Attorneys obtained an order for summary judgment in a complex legal malpractice action arising out of an attorney's representation of a police officer concerning an appeal of a non-passing score on the county police sergeant's examination

Attorneys obtained an order for summary judgment in a complex legal malpractice action arising out of an attorney's representation of a police officer concerning an appeal of a non-passing score on the county police sergeant's examination. The appeal was dismissed because the attorney failed to file the appellant's brief, and a legal malpractice action followed. Although the attorney failed to file the appellant's brief, defense attorneys successfully argued that the plaintiff's expert could not show that an appeal would have been successful. In fact, they were able to demonstrate through data from the Department of Personnel of the State that such appeals are rarely granted because of the stringent standard which applies to appeals of Department of Personnel matters. These cases are highly technical and, in this case, plaintiffs' expert was unable to express an opinion on whether a brief, if properly filed by the attorney, would have resulted in a successful reversal.