Hanlin v. Mitchelson

Hermine Hanlin (plaintiff) hired attorney Marvin Mitchelson (defendant) on an oral flat-fee arrangement to represent her in an arbitration dispute with her former singing-group partners, the Manhattans. After an unfavorable arbitration result and a strained relationship in which Hanlin repeatedly and unsuccessfully tried to reach Mitchelson, she was eventually told the award wasn't appealable and that she still owed expenses. She hired new counsel and sued Mitchelson for malpractice, later seeking to amend her complaint to add a claim that Mitchelson negligently failed to confirm the arbitration award within the statute of limitations. The trial court denied leave to amend, partly on the ground that the claim was frivolous because Mitchelson had already terminated the representation before that alleged failure. Hanlin appealed.