The Court of Appeals held that an attorney could not be sued for legal malpractice, even if the attorney missed the deadline for filing a Claim of Appeal. The Court of Appeals in MacDowell v Houghtaling, unpublished per curiam opinion, issued August 23, 2016 (Docket No. 328902), reasoned that the plaintiff could not establish the element of proximate cause based on the Court of Appeals' prior denial on a delayed application "for lack of merits in the grounds presented." In reaching this holding, the Court is giving attorneys who commit legal malpractice a free pass - so long as they file a delayed application. The malpracticing attorney could even intentionally tank the case in the application and the leave denied order would forever insulate the attorney from liability.
The Court of Appeals reached this holding even though:
Stay tuned to see if this case sparks the interest of the Michigan Supreme Court.