Monday, January 20, 2014

Malpractice Suit in Chancery

Take a look at Rogers v. Eaves located here when you get a few minutes.  This is a little known avenue that a legal malpractice claim can be filed in Chancery Court in Mississippi under some limited circumstances.  In this case, the issue was alleged legal malpractice which allegedly occurred during chancery proceedings.  The Circuit Court determined it was best to transfer the case to Chancery to see if what the Plaintiff alleged would have made a difference in the outcome of the case.  Using Miss.Code Ann. § 9-5-81 (1991), the Mississippi Supreme Court found that jurisdiction was proper there.  The statute provides that:
"The chancery court in addition to the full jurisdiction in all the matters and cases expressly conferred upon it by the constitution shall have jurisdiction of all cases transferred to it by the circuit court or remanded to it by the supreme court; and such further jurisdiction, as is, in this chapter or elsewhere, provided by law."
This might make an interesting avenue to get a case heard quicker in some limited contexts.  Under the statute, I don't see a reason why, if the circuit court agreed, any tort case could be heard there especially one involving minors which has to be approved there anyway.

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