Opinion

Odell Jones v. Cyril C Hall

Court
Michigan Court of Appeals
Filed
Aug 22, 2024
Status
Unpublished
Cited by
0 cases
Authority
More cited than 30.5%

The opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to

revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

ODELL JONES, UNPUBLISHED

August 22, 2024

Plaintiff-Appellant,

v No. 367375

Wayne Circuit Court

CYRIL C. HALL, LAW OFFICES OF CYRIL C. LC No. 22-013705-NM

HALL, PC, and HALL MAKLED, PC,

Defendants-Appellees.

Before: MURRAY, P.J., and BORRELLO and MARIANI, JJ.

PER CURIAM.

In this action for legal malpractice, plaintiff appeals as of right the trial court’s order

granting summary disposition in favor of defendants, Cyril C. Hall (Hall), Law Offices of Cyril C.

Hall, PC (Hall, PC), and Hall Makled, PC (Hall Makled), under MCR 2.116(C)(7) because

plaintiff’s claims were barred by the statute of limitations. For the reasons set forth in this opinion,

we affirm.

I. BACKGROUND

The present action arises out of defendants’ representation of plaintiff in litigation against

1300 Lafayette East Cooperative (1300 Lafayette), which is a non-profit cooperative housing

corporation. Plaintiff and his wife, Cecily Hoagland, had been shareholders and residents of 1300

Lafayette since April 2001, and they occupied a unit on the building’s top floor under an agreement

that required them to pay carrying charges in exchange for the right to lease and occupy the unit.

In 2011, they began to experience chronic water leaks into their unit, primarily from the roof.

Other residents on the top floor of 1300 Lafayette had experienced similar leaks since at least 2002.

In October 2017, after having apparently complained about the leaks for years to no avail,

plaintiff sent a letter to 1300 Lafayette’s property manager indicating that he would be paying his

carrying charges into an escrow account until he was personally “satisfied” that 1300 Lafayette

was adequately addressing the maintenance and repair issues related to the water leaks. 1300

Lafayette subsequently initiated eviction proceedings in December 2017 against plaintiff and

Hoagland in the 36th District Court for nonpayment of rent. Plaintiff retained the firm Sullivan,

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Ward, Asher & Patton, P.C. as counsel. However, at some point in early 2018, plaintiff retained

Hall and his firm1 as replacement counsel.

On March 9, 2018, Hall filed a motion on plaintiff’s behalf2 in the district court to stay

those proceedings. In the motion, Hall indicated that a new action had been filed on March 5,

2018, in the Wayne Circuit Court that would “resolve all issues before this Honorable Court.” In

the circuit court action, plaintiff and the other 1300 Lafayette residents who were also joined as

plaintiffs alleged in relevant part that 1300 Lafayette had failed to keep the building in reasonable

repair so as to prevent the constant water leaks. On April 9, 2018, the district court entered a

stipulated order staying the district court proceedings “for reason that there is a related pending

civil case at the Wayne County Circuit Court, Case No.: 18-002483-CK, and that upon its

resolution, may also resolve all issues before this Court.”

On June 11, 2019, plaintiff filed another action in the Wayne Circuit Court against 1300

Lafayette and other related parties. However, this complaint was filed by new counsel, Thomas

P. Christy and Sarah J. Brutman with Dean & Fulkerson, P.C. The previously filed circuit court

action was still pending, and the case in the district court remained stayed. The second circuit

court action included defendants who were not named in the first action and did not include all of

the plaintiffs from the first action. However, the factual allegations supporting the claims in the

second circuit court action were substantially similar to those in the first circuit court action

regarding the alleged failure to adequately maintain the building. The second circuit court action

also included additional and expanded legal theories of relief.

According to an affidavit made by plaintiff and submitted in support of one of his motions

in the first underlying circuit court action, and which defendants submitted as part of their

pleadings in the present malpractice action, plaintiff averred that after growing frustrated with

Hall’s representation, he began looking for new counsel and interviewed Christy and Brutman of

Dean & Fulkerson. Plaintiff averred that based on this interview, he “agreed to retain Dean &

Fulkerson, P.C., (D&F) as counsel to replace Hall Makled, P.C.” According to plaintiff, an order

substituting Christy and Brutman as his counsel was entered in the circuit court action in April

2019.3 Plaintiff averred that Christy filed the above-mentioned second circuit court action because

leave to amend the complaint in the first action had been denied. The two circuit court actions

were consolidated, and 1300 Lafayette filed counterclaims in the circuit court seeking plaintiff’s

1

At one point, Hall’s firm was designated as Hall Makled. Later, his firm was designated as the

Law Offices of Cyril C. Hall.

2

It appears that Hall also represented Hoagland, but Hoagland is not a party to the instant

malpractice action. Thus, we will only discuss Hoagland’s involvement as necessary for factual

context.

3

The register of actions for that circuit court action was submitted into the record in this case, and

it indicates that an order for substitution of attorney was entered on April 23, 2019, although it

does not include any details regarding the substance of that order or the names of the attorneys

involved.

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unpaid carrying charges and to eject plaintiff from the unit, which was essentially the relief 1300

Lafayette had sought against plaintiff in the district court proceedings that remained stayed.

In a separate affidavit completed and submitted by plaintiff in the present malpractice

action, plaintiff averred that “On November 19, 2020, Plaintiff retained attorney Ryan E. Hill . . .

to substitute as counsel of record for attorney Hall in the 36th District Court case following detailed

discussions and a voluminous exchange of documents related to the dispute with 1300 LEC, filed

in both the 36th District Court and 3rd Circuit Court.” Plaintiff also submitted a November 19,

2020 invoice for Hill’s retainer. Hill filed an appearance in the district court on November 23,

2020, moved to lift the stay, moved to compel 1300 Lafayette to make repairs, and moved to

release funds that plaintiff had put into escrow. The affidavit submitted by plaintiff also stated in

relevant part as follows:

19. Upon discovering via email forwarded from attorney Hall to attorney

Thomas P. Christy . . . regarding a hearing scheduled in 36th District Court that

attorney Hall was still counsel of record for Plaintiff’s spouse, Cecily Hoagland . . .

she filed an appearance in the 36th District Court case, propria persona, on

September 22, 2021. . . .[4]

20. Plaintiff avers that attorney Christy has never represented him or his

spouse in the 36th District Court and further avers that since attorney Hall was

substituted as counsel of record for attorney Tompkins, he remained counsel of

record for Case No. 17-330548-LT, filed in the 36th District Court, until replaced

by attorney Hill on Plaintiff’s behalf and his spouse, pro se, on her own behalf.

21. Plaintiff further states he now knows that attorney Hall could have, and

should have, moved the 36th District Court to compel 1300 LEC to comply with

[the court’s] order for repairs entered January 10, 2018. Further, Plaintiff now

knows that attorney Hall severely compromised his rights by neglecting to seek

injunctive relief to prevent 1300 LEC from suffering the dwelling unit to remain

untenantable, even after entry of an order by [the court] for repairs, and failing to

move for an order to release escrowed funds and either appoint a receiver to make

repairs or grant Plaintiff consent, as required by Article 12 of their Occupancy

Agreement, to make repairs and deduct the costs from any amounts found due and

owing 1300 LEC, yet he neglected to do so.

22. Plaintiffs’ right to secure the just, speedy and economical determination

of its cause of action has been compromised by Defendants [sic] handling of this

case first neglecting to enforce the court’s order for repairs, then neglecting to

compel responses to Plaintiffs’ discovery requests served on 1300 LEC, then

neglecting to prepare for final pretrial conference scheduled May 4, 2018 just sixty

days from Defendants filing separate suit in the 3rd Circuit Court, then stipulating

4

It appears that Hoagland is an attorney.

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to stay summary proceedings filed by 1300 LEC instead of proceeding to trial on

the merits of their claims.

23. In the instant case Plaintiffs have been prejudiced by needless delay

resulting in the attrition of key witnesses during the past five years due to death or

declining health, making them unavailable and/or unreliable as witnesses; senseless

increases in the cost of litigation resulting from circuitous civil procedure, a

perverse escalation of damages in dispute which at the time summary proceedings

were initiated totaled less than Twenty-five Thousand Dollars ($25,000.00); Eight

Thousand Dollars ($8,089.00) in rent and Fifteen Thousand Dollars ($15,000.00)

in personal property damage; now five years later the damages in dispute exceed

well over One Million Dollars ($1,000,000.00) with a significant portion of the

costs attributable to legal fees and litigation expenses; as well as the preventable

loss of plaintiffs’ beneficial use of their dwelling, mental anguish and emotional

distress caused by the management of this dispute.

24. Plaintiff continues to suffer untenantable conditions inside his dwelling

unit as a result of negligent management practices of 1300 LEC and Defendants

[sic] failure to pursue timely trial on the merits of Plaintiffs’ defenses to summary

proceeding filed by 1300 LEC . . . .

On November 16, 2022, plaintiff initiated the present malpractice action against Hall and

the two law firms with which he had been associated at times during the underlying actions.

Plaintiff amended his complaint two days later. In his amended complaint, plaintiff asserted two

counts of legal malpractice against defendants. Plaintiff alleged that defendants failed to pursue

timely adjudication by jury trial of the district court matter against 1300 Lafayette, which still had

not been resolved. Plaintiff further alleged that defendants were professionally negligent in

handling the district court matter for a variety of reasons. According to plaintiff, an “attorney

representative of Defendants provided incorrect information and improperly advised Plaintiff to

consent to stay proceedings in the 36th District Court, Landlord-Tenant Division, because claims

they were alleging against 1300 LEC were beyond the subject matter jurisdiction of 36th District

Court, must be filed in the 3rd Circuit Court, and both cases could not be maintained at the same

time because they involved common questions of fact and issues of law arising from the same

transaction or occurrence between the same parties.” Plaintiff alleged that he

relied on Defendants’ incorrect information and advice to his detriment by agreeing

to stay proceedings. As a direct and proximate cause of relying on Defendants’

information and advice trial on the merits of issues regarding possession,

habitability, rights to release of escrow, and enforcement of the Court’s Order for

repairs were needlessly delayed and, as of the date of this complaint, remains

unresolved after more than fifty-five months. Further, Plaintiff continues to be

deprived of the beneficial use of his dwelling and has been compelled to spend in

excess of Two Hundred Seventy-five Thousand Dollars $275,000.00 in legal fees,

costs, and expenses for repair/storage of personal property as well as alternative

living expenses while awaiting trial in the 3rd Circuit Court.

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In lieu of filing an answer to the complaint, defendants filed a motion for summary

disposition pursuant to MCR 2.116(C)(7) and (10). Defendants argued that although they

continued to represent other plaintiffs in the underlying circuit court litigation, plaintiff had

terminated his attorney-client relationship with defendants no later than September 2020 when

Christy appeared as plaintiff’s counsel of record on filings in the underlying circuit court litigation.

Defendants further noted that Christy had filed another related action on plaintiff’s behalf on June

11, 2019. Thus, defendants contended that plaintiff’s malpractice claims were barred by the two-

year statute of limitations, MCL 600.5805(4).

In his response, plaintiff contended that defendants continued to represent him in the 36th

District Court case until November 19, 2020, when he retained attorney Ryan Hill, of the Detroit

Legal Group, PLLC, to substitute for Hall after plaintiff learned that a stay of the district court case

was unnecessary because the claims and defenses asserted in that case were distinct from those

asserted in the circuit court. That case apparently had remained stayed and had not been concluded.

Plaintiff explained that he had proceeded in propria persona in the circuit court action against

1300 Lafayette since May 16, 2022, when Christy’s motion to withdraw was granted. Plaintiff

further argued that he had never been represented in the district court action by Christy, Brutman,

or any attorney from Dean & Fulkerson. Accordingly, plaintiff maintained that his malpractice

action was timely filed within the two-year statute of limitations.

In their reply brief, defendants asserted that their attorney-client relationship with plaintiff

ended when plaintiff terminated their service in the Wayne Circuit Court case that was

“intrinsically connected” to the district court case. They maintained that the termination of the

relationship may be implied by the action or inaction of the client, including the hiring of a new

attorney or revoking the attorney’s authority to act, and explained that a legal malpractice action

accrues on the last day that an attorney renders professional services to the client. Quoting from

the affidavit made by plaintiff, which had been filed in the Wayne Circuit Court case and was

attached as Exhibit A to the reply brief in the present case, defendants asserted that plaintiff had

not sought any legal advice from Hall in the district court case since entry of the stay or since

replacing Hall in the Wayne Circuit Court case. Defendants stated that the last service performed

by Hall in the district court was the procurement of the stay in the district court. Defendants argued

that plaintiff terminated defendants’ representation regarding all matters involving the 1300

Lafayette litigation, including the district court proceedings, when plaintiff retained Christy as

counsel in April 2019. Finally, defendants contended that the subsequent withdrawal by

defendants in the district court after their representation was terminated by plaintiff was merely “a

ministerial act to formalize the end of the relationship” and “ ‘[m]inisterial’ acts performed in

furtherance of ethical obligations to former clients cannot be used to revive or maintain the lawyer-

client relationship.”

Following a hearing on the motion, the trial court granted summary disposition in favor of

defendants under MCR 2.116(C)(7), concluding that the action was barred by the statute of

limitations. The court ruled that plaintiff had replaced defendants with new counsel in April 2019

and that there was no evidence that defendants provided any legal services after that time. This

appeal followed.

II. STANDARD OF REVIEW

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This Court “review[s] de novo the question whether a claim is barred by the statute of

limitations and the issue of the proper interpretation and applicability of the limitations periods.”

City of Fraser v Almeda Univ, 314 Mich App 79, 100; 886 NW2d 730 (2016) (quotation marks

and citation omitted). A trial court’s decision on a motion for summary disposition is also

reviewed de novo. Zaher v Miotke, 300 Mich App 132, 139; 832 NW2d 266 (2013). Under de

novo review, the legal issues are reviewed independently, with no deference required to the courts

below. Wright v Genesee Co, 504 Mich 410, 417; 934 NW2d 805 (2019).

Here, the trial court ruled that defendant was entitled to summary disposition under MCR

2.116(C)(7) because plaintiff’s claim was barred by the statute of limitations. MCR 2.116(C)(7)

authorizes summary disposition on the ground that “[e]ntry of judgment, dismissal of the action,

or other relief is appropriate because of . . . statute of limitations . . . .” When a motion for

summary disposition is filed under MCR 2.116(C)(7), neither party is required to file supportive

material and “the contents of the complaint are accepted as true unless contradicted by

documentation submitted by the movant.” The Reserve at Heritage Village Ass’n v Warren Fin

Acquisition, LLC, 305 Mich App 92, 111; 850 NW2d 649 (2014) (quotation marks and citation

omitted).

However, “a party moving for summary disposition under MCR 2.116(C)(7) may support

the motion with affidavits, depositions, admissions, or other admissible documentary evidence,

which the reviewing court must consider.” Kincaid v Cardwell, 300 Mich App 513, 522; 834

NW2d 122 (2013). “The reviewing court must view the pleadings and supporting evidence in the

light most favorable to the nonmoving party to determine whether the undisputed facts show that

the moving party has immunity.” Id. “[T]he burden is on the defendant who relies on a statute of

limitations defense to prove facts that bring the case within the statute,” and “[s]ummary

disposition under MCR 2.116(C)(7) is appropriate when the undisputed facts establish that the

plaintiff’s claim is barred under the applicable statute of limitations.” Id.

III. ANALYSIS

Plaintiff argues that the trial court erred by finding that defendants’ representation of

plaintiff ended in April 2019 with respect to the district court action and that plaintiff’s legal

malpractice claim filed on November 16, 2022, which was based on defendants’ handling of the

district court matter, was therefore barred by the two-year statute of limitations.

A legal malpractice claim accrues at the time that the attorney “discontinues serving the

plaintiff in a professional or pseudoprofessional capacity as to the matters out of which the claim

for malpractice arose, regardless of the time the plaintiff discovers or otherwise has knowledge of

the claim.” MCL 600.5838(1). A claim of legal malpractice must be brought within two years

from the time the claim first accrued or “within 6 months after the plaintiff discovers or should

have discovered the existence of the claim, whichever is later.” MCL 600.5805(1) and (8); MCL

600.5838(2). Furthermore, pursuant to MCL 600.5838b(1), a legal malpractice action “shall not

be commenced” after the expiration of the applicable limitations period or “[s]ix years after the

date of the act or omission that is the basis for the claim,” whichever is earlier. See generally

Nortley v Hurst, 321 Mich App 566, 571; 908 NW2d 919 (2017).

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Here, plaintiff argues that the trial court erred by determining that defendants’

representation of plaintiff in the district court action also ended in April 2019 when defendants

were replaced by attorney Christy and his firm through a substitution of counsel entered in the

circuit court action and therefore concluding that plaintiff’s malpractice claim against defendants

was barred because it had accrued more than two years before plaintiff filed this action on

November 16, 2022. Plaintiff maintains that defendants remained as counsel of record relative to

the district court proceedings until attorney Hill was substituted in that action on November 19,

2020, thus rendering the present malpractice action timely filed within the limitations period.

Hence, the issue we must resolve in this case concerns the proper determination of when

plaintiff’s legal malpractice claims accrued, which requires a determination of when defendants

“discontinue[d] serving the plaintiff in a professional or pseudoprofessional capacity as to the

matters out of which the claim for malpractice arose” for purposes of MCL 600.5838(1). As this

Court has explained:

Special rules have been developed in an effort to determine exactly when

an attorney “discontinues serving the plaintiff in a professional . . . capacity” for

purposes of the accrual statute. For example, this Court has stated that an attorney’s

representation of a client generally continues until the attorney is relieved of that

obligation by the client or the court. Mitchell v Dougherty, 249 Mich App 668,

683; 644 NW2d 391 (2002). This Court has also ruled that “[r]etention of an

alternate attorney effectively terminates the attorney-client relationship.” Id., citing

Maddox v Burlingame, 205 Mich App 446, 450; 517 NW2d 816 (1994).

These rules, however, are useful only to the extent that they actually serve

to measure the accrual of a claim within the meaning of MCL 600. 5838(1). Certain

factual situations do not permit application of these rules. Instead, certain situations

require application of the more general rule, defined in Gebhardt v O’Rourke, 444

Mich 535, 543; 510 NW2d 900 (1994). There, our Supreme Court held simply that

a legal malpractice claim accrues on the attorney’s “last day of professional

service” in the matter out of which the claim for malpractice arose. Id. Similarly,

this Court has held that when an attorney is not dismissed by the court or the client,

and substitute counsel is not retained, the attorney’s service discontinues “upon

completion of a specific legal service that the lawyer was retained to perform.”

Maddox, supra at 450, citing Chapman v Sullivan, 161 Mich App 558, 561-562;

411 NW2d 754 (1987).

We once again recognize that a plaintiff’s legal malpractice claim accrues

on the day that the attorney last provides professional service in the specific matter

out of which the malpractice claim arose. We now hold that in the absence of an

attorney’s dismissal by the court or the client, and in the event that an attorney sends

notice of withdrawal as his or her final act of professional service, a legal

malpractice claim with respect to a particular matter that has been finally dismissed

by order of the trial court accrues at the time affirmative notification of withdrawal

is sent. [Kloian v Schwartz, 272 Mich App 232, 237-238; 725 NW2d 671 (2006)

(ellipsis and alteration in original, some citations omitted).]

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In early 2018, plaintiff hired Hall to represent him in the district court eviction proceedings

initiated by 1300 Lafayette. The issue at hand was 1300 Lafayette’s claim to possess the leased

unit due to plaintiff’s failure to pay rent. Plaintiff objected to the claim and stated that 1300

Lafayette did not adequately address water leaks on the property, rendering it unfit for its intended

use and needing repair. As a result, plaintiff withheld rent and placed it in escrow.

In March 2018, Hall filed a lawsuit in the circuit court on behalf of plaintiff against 1300

Lafayette, citing the same factual circumstances regarding the water leaks. Additionally,

substantial monetary damages were sought in the circuit court. The district court action was halted

in April 2018 as the district court judge stated that the circuit court action might resolve the issues.

According to plaintiff’s affidavit, Christy and Brutman replaced Hall as counsel in April

2019, and an order was entered to that effect in the pending circuit court action. In June 2019,

Christy filed another circuit court action on behalf of plaintiff to address water leaks on the

property. Contending that the continued water leaks meant that 1300 Layfayette had not kept the

property fit for its intended use or in reasonable repair, plaintiff asserted he was justified in

withholding rent.

It was noted that in the specific circumstances of this case, plaintiff actually paid “carrying

charges,” which seem to be the functional equivalent of “rent.” The question then, is whether the

trial court made a mistake in concluding that, based on the evidence in favor of plaintiff, Hall’s

representation of the plaintiff was legally terminated when plaintiff hired new legal counsel in

April 2019 for circuit court case.

Here, none of the circumstances described in Kloian exist that would show an obvious

termination of defendants’ services relative to the district court action specifically: there is no

evidence of a formal memorialization that defendants’ services in the district court had been

terminated, there is no evidence that defendants withdrew in the district court until Hill’s

substitution in November 2020, and the district court matter had not been concluded. See Kloian,

272 Mich App at 237-238. Plaintiff argues that Hall was still the attorney of record for the district

court case until Hill took over. This means that Hall was still responsible for plaintiff’s legal

matters while the district court case was on hold and the circuit court case continued. Therefore,

plaintiff maintains that defendants did not discontinue their professional services to plaintiff as to

the district court matter for statute-of-limitation purposes until November 19, 2020, rendering the

current malpractice action timely filed within the two-year limitations period.

Nonetheless, plaintiff also acknowledges that defendants did not provide any further legal

advice or services to plaintiff after Christy and his firm took over as counsel for plaintiff in the

circuit court in April 2019. Although an attorney’s representation of a client generally “continues

until the attorney is relieved of the obligation by the client or the court,” Mitchell, 249 Mich App

at 683, “no formal discharge by the client is required, and the termination of an attorney-client

relationship can be implied by the actions or inactions of the client,” id. at 684. “[T]he retention

of alternate counsel is sufficient proof of the client’s intent to terminate the attorney’s

representation.” Id. “Further, where a client obtained legal advice from an attorney, then had no

further contact with that attorney until filing a complaint for legal malpractice, . . . the client

relieved the attorney of his obligations on the date the attorney last advised the client.” Id. at 684-

685.

In Mitchell, id. at 670-671, the plaintiffs retained two attorneys from the same firm to

pursue a medical malpractice action. The two attorneys subsequently left the law firm but

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continued to represent the plaintiffs. Id. at 671. The original law firm did not perform any

professional services for the plaintiffs following the departure of the two attorneys who continued

to represent plaintiffs. Id. at 671-672. Eventually, the plaintiffs filed a legal malpractice action

against the two attorneys and their former law firm based on alleged negligence committed by the

two attorneys during the medical malpractice action and after the attorneys had left their former

law firm. Id. at 672. Relevant to the issue in the present appeal, the defendant law firm moved for

summary disposition on the ground that “it no longer represented plaintiffs after defendant

attorneys left the firm, and the malpractice alleged in this case occurred after their representation

ceased.” Id. The trial court granted the motion. Id. at 672-673.

On appeal, this Court recognized:

Retention of an alternate attorney effectively terminates the attorney-client

relationship. However, in this case, plaintiffs did not retain alternate counsel.

Rather, they maintained their relationship with defendant attorneys after the

attorneys’ separation from defendant law firm. At no time did plaintiffs formally

terminate their representation by defendant law firm. Therefore, the question we

must address here is whether the attorney-client relationship between plaintiffs and

defendant law firm was terminated and, if it was, when that termination occurred.

[Id. at 683 (citation omitted).]

This Court affirmed the trial court and held that “[i]n view of the precedent establishing

that an attorney-client relationship can be terminated by implication, we conclude that the facts of

this case show the intent of plaintiffs to terminate their relationship with defendant law firm.” Id.

at 685, 686. The Court rejected the plaintiffs’ argument that “they did not terminate their attorney-

client relationship with defendant law firm because they did not clearly indicate that they were

releasing defendant law firm from its obligation to represent them.” Id. at 683-684. The Court

reasoned:

Defendant attorneys ceased their association with defendant law firm in January

1996, and plaintiffs were aware that defendant attorneys would be partners in a new

law firm. After defendant attorneys left defendant law firm, the firm did not

provide any further professional services for plaintiffs. There is no evidence that

plaintiffs either objected to representation by defendant attorneys through their new

law firm or sought to continue representation by defendant law firm. Although

plaintiffs did not retain “new” counsel, plaintiffs’ decision to continue their

representation with defendant attorneys at a new firm rather than remain with

defendant law firm was the functional equivalent of retaining a new attorney. On

these facts, we find that plaintiffs relieved defendant law firm of its obligation to

represent them when defendant attorneys ended their association with the law firm

in January 1996. [Id. at 685-686.]

Here, plaintiff terminated defendants’ representation in the circuit court action and retained

new counsel in that action in April 2019. Notably, the circuit court action essentially subsumed

the original district court action by including the issues to be litigated in that action and expanding

the litigation to include additional parties and issues. There is no evidence that plaintiff actually

sought legal advice or services from defendants at any point—for any purpose, including the

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district court matter—after replacing defendants in the circuit court. Under these undisputed facts,

it was plaintiff’s demonstrated intent through his actions and inactions to relieve defendants of

their obligation to represent him in all matters related to his dispute revolving around the persistent

water leaks and other maintenance issues with his residence, including the matter that had been

stayed in the district court while intricately entwined circuit court litigation progressed. Id. at 684-

686. The mere fact that Hall remained listed as counsel of record in the district court action, where

those proceedings remained stayed and Hall did not perform any services for plaintiff or provide

any legal advice on any matters, does not change the outcome on this record; for purposes of the

statute of limitations, an attorney is discharged when the client ends the attorney’s authority, and

no additional court action is necessary to effectuate that discharge. Hooper v Lewis, 191 Mich

App 312, 315-316; 477 NW2d 114 (1991).

The trial court did not err by concluding as a matter of law that defendants discontinued

providing professional services to plaintiff in April 2019, well more than two years before plaintiff

filed this legal malpractice action, and determining that summary disposition was warranted under

MCR 2.116(C)(7).5

Affirmed. Defendants, having prevailed, are entitled to costs. MCR 7.219(A).

/s/ Christopher M. Murray

/s/ Stephen L. Borrello

/s/ Philip P. Mariani

5

In light of this conclusion, we need not address defendants’ alternative arguments for affirmance.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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