Will signing a release bar a subsequent legal malpractice action against the attorney who secured the settlement in the first place?

 

A: A recent Appellate Division case raises the prospect that a release -- alone -- may not foreclose your malpractice action if you believe your attorney may have made an error.  However, generally speaking, it would appear that signing a release and settling a case pretty much would put an end to your malpractice case, nowtwithstanding this case.  After all, how can you make a claim after you effectively stated in writing that you are ok with the money settlement?  Its almost like saying you are not happy with a written contract after you signed it.  I would imagine that one would need to show some kind of fraud -- which is almost impossible to do -- in order to be successful in this type of situation.