Judicial Estoppel in Legal Malpractice Defense: Protecting Law Firms From Contradictory Client Claims

Disputes between law firms and their former clients are an unfortunate reality. These situations become even more frustrating when former clients take contradictory positions across related legal proceedings. When a law firm or lawyer faces such inconsistency in an action brought against them, the doctrine of judicial estoppel emerges as a potentially helpful defense. This doctrine prevents litigants from playing “fast and loose” with the judicial system by asserting- and getting a court to accept- a contradictory position in a different case. The doctrine serves both to protect the integrity of courts and, under certain circumstances, to shield law firms and lawyers from claims based on contradictory positions asserted by former clients.

Click here to read the full article in the Connecticut Law Tribune.