Wachovia Bank, N.a., and American Casualty Company v. Jones, Morrison & Womack, P.c.

Summary

The court held that the Alabama Legal Services Liability Act governed the Bank's claims against both law firms, including the out-of-state firm because it provided legal services in Alabama in conjunction with an Alabama legal-service provider. The court affirmed judgment as a matter of law on the claim concerning preparation and reliance on the sworn statement because expert testimony was required, but reversed it on the claims involving delay in closing the file and improper service by publication because those issues could be resolved through common knowledge without expert testimony. The court also held that the denial of the Bank's earlier partial-summary-judgment motion was not reviewable after the Bank presented its evidence at trial, and it did not reach the adverse-inference issue. Justice Bolin, joined by Justice Stuart, concurred in part and would have affirmed the judgment on the service-by-publication claim because expert testimony was required.