Rebecca Nichols v. James Swindoll and Chuck Gibson

Summary

The court granted rehearing, substituted its prior opinion, and reversed the dismissal of Nichols’s legal-malpractice complaint. It held that, because an attorney-client relationship is fiduciary, the attorneys’ alleged failure to disclose their malpractice, coupled with their continued litigation of the underlying action, sufficiently pleaded fraudulent concealment to toll the statute of limitations and survive a motion to dismiss. The court did not decide the merits of the malpractice claim.