Would-Be Pot Shop Owner Can't Revive Legal Malpractice Suit

OG Article: here 

View our Fair Use Policy: here

Law360 (January 16, 2024, 12:45 PM EST) -- A Washington state appeals court won't revive a legal malpractice suit stemming from a failed cannabis retail venture, saying the store's would-be owner is a sophisticated businessman and should have followed up on the case even if his former attorney didn't pass along documents after he withdrew.

In an opinion filed Thursday, the three-judge panel affirmed the summary judgment dismissing Thomas Flanigan's suit against Lloyd A. Herman, finding that although Herman failed to get a case scheduling order to Flanigan following his departure, that alleged negligence is too far removed from Flanigan's failure to appear at trial.

According to the opinion, in January 2016, Flanigan and two others signed a five-year lease agreement with Jerry McNairy for space to operate a retail cannabis store. Flanigan and the others were unable to secure a license for the store, however, and did not provide McNairy written notice to terminate the lease on time