Sickler v. Kirby

Steve Sickler and Cathy Mettenbrink (plaintiffs), the owners and directors of closely held corporation Baristas & Friends (B&F), had their attorney Orr retain Robert Kirby (defendant) to review B&F's franchising documents; Kirby found serious defects but communicated only with Orr's associate Holbrook, never directly with Sickler or Mettenbrink, and never alerted them personally to the flaws. When a franchisee sued B&F along with Sickler and Mettenbrink individually, Holbrook represented Sickler and Mettenbrink while Kirby was separately hired to represent only B&F; after losing that suit, Sickler and Mettenbrink sued Kirby for malpractice, and the trial court granted Kirby summary judgment on the ground he represented only B&F, not them personally. They appealed.