Potter v. Pierce

Summary

The New Mexico Supreme Court affirmed summary judgment dismissing the plaintiff’s legal‑malpractice suit, holding that the bankruptcy fee proceeding and the malpractice claim are the same cause of action and that the plaintiff had a full and fair opportunity to litigate the claim in the earlier proceeding. The Court explained that res judicata applies because the plaintiff was aware of the alleged malpractice and could have raised it during the fee hearing. The opinion also noted that the type of proceeding (motion versus lawsuit) does not control the res judicata analysis.