Jon Vazeen v. Martin Sir

Jon Vazeen v. Martin Sir
M2018-00333-COA-R3-CV

Jon Vazeen (plaintiff) filed this action for legal malpractice and fraud against his former attorney, Martin Sir (defendant). Plaintiff alleged that defendant was guilty of “repeated unprofessional behavior” and the “inept and total mishandling” of his divorce case. He also alleged defendant defrauded him by “infusing several thousand dollars of fake items in his invoice” for attorney’s fees. (Underlining in original). The trial court granted defendant summary judgment on the malpractice claim because the complaint was not filed within one year of the accrual of the claim, as required by Tenn. Code Ann. § 28-3-104(c)(1)(2017). The court granted summary judgment on the fraud claim on the ground of res judicata. The court held that the fraud claim was barred by the earlier dismissal of plaintiff’s ethics complaint based upon the alleged fraud of the defendant with the Board of Professional Responsibility (the Board). We affirm the summary judgment of the trial court on the legal malpractice claim. We hold that the Board’s decision to dismiss an ethical complaint does not bar plaintiff from bringing a malpractice or fraud claim against an attorney on the ground of res judicata. Summary judgment on the fraud claim is vacated and the case is remanded for further proceedings.

Authoring Judge: 
Judge Charles D. Susano, Jr.
Originating Judge: 
Judge Don R. Ash
Date Filed: 
Wednesday, December 5, 2018