Order Michigan Supreme Court
Lansing, Michigan
March 30, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
131035 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
HARVEY GRACE, Justices
Plaintiff-Appellant,
v SC: 131035
COA: 257896
Oakland CC: 2002-045572-NM
BRUCE LEITMAN and BRUCE
LEITMAN, P.C.,
Defendants-Appellees.
_________________________________________/
On March 6, 2007, the Court heard oral argument on the application for leave to
appeal the March 16, 2006 judgment of the Court of Appeals. On order of the Court, the
application is again considered, and it is GRANTED. The parties shall include among
the issues to be briefed: (1) whether Simko v Blake, 448 Mich 648 (1995), recognized a
"judgment" exception to legal malpractice liability that operates independently of the
standard of care, unlike the malpractice standards for other professions; (2) if not,
whether this Court should recognize such an exception; and (3) how would such an
"attorney judgment rule" operate in practice; and (4) under what circumstances could a
claimed exercise of "judgment" be successfully challenged.
The State Bar of Michigan, the Criminal Defense Attorneys of Michigan, the
Insurance Institute of Michigan, and the Michigan Insurance Federation are invited to file
briefs amicus curiae. Other persons or groups interested in the determination of the
issues presented in this case may move the Court to file briefs amicus curiae.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 30, 2007 _________________________________________
d0327 Clerk