TODD HENRY JARVI v. WENDEL, ROSEN, BLACK & DEAN, LLP, Alameda County Superior Court Case Number RG16827566.



According to our read of the appellate opinion in this case, attorney Les Hausrath (Leslie Hausrath) and the law firm he works for, Wendel, Rosen, Black and Dean, were sued for legal malpractice by a former client. Allegedly, they disclosed confidential information and committed other wrongs which hurt their former client.

Mr. Hausrath filed a motion to strike the lawsuit. However, this appeared to not be a run-of-the-mill motion to strike, but an anti-SLAPP motion.

It is Lawzilla's understanding that whoever loses a SLAPP motion may have to pay their opponents legal fees as a type of sanction. That makes it a serious motion. The loser may owe tens of thousands of dollars. When combined with the legal fees for an appeal the loser may owe a huge amount of money. Lawzilla does not know the outcome of any fees award, but regardless of the final outcome of the legal malpractice issue, losing a SLAPP motion can result in a huge financial loss.

The trial judge denied the motion by Les Hausrath, Esq., and the Wendel law firm. They decided to double-down on the potential for paying attorneys fees and appealed.

The court of appeal also ruled against the attorneys. (Aren't the attorneys supposed to know the law before filing a motion and appeal?)

Attorney Hausrath claimed plaintiff's allegations of legal malpractice and other claims "arose from their legal representation".

Makes sense.

But the appellate opinion says Hausrath claimed legal representation is some type of right to petition - apparently like a free speech right.

Lawzilla is not an attorney but this does not make sense. It seems as if Mr. Hausrath was asserting attorneys are immune from being sued because what they do involves speech.

Both the trial judge and the unanimous court of appeals swatted down Hausrath's argument. Bluntly, citing numerous cases, the judges said legal malpractice claims generally do not involve protected free speech that can be used as a sword to strike down claims against an attorney.

The court of appeal also said argument made by Les Hausrath and the Wendel firm was "improper".



Lawzilla Commentary: It is concerning when an attorney is sued for legal malpractice, files a motion that is rejected because it improperly argues the law, and then the attorney files an appeal and has three more judges tell the attorney he is wrong.

This goes to the heart of attorney competence and is an issue to consider before hiring attorney Les Hausrath or the Wendel, Rosen, Black and Dean law firm.

Leslie Hausrath was admitted to the California Bar in 1973. Bar Number 57253.

Wendel, Rosen, Black & Dean LLP
1111 Broadway Suite 2400
Oakland, California 94607

Law School: UC Berkeley