Holland v. Thacher

In Holland v. Thacher (1988) 199 Cal. App. 3d 924, the Court of Appeal held that, although a lawyer is prohibited from cross-complaining against a subsequent lawyer for equitable indemnity, he may assert the successor attorney's negligence as an affirmative defense in the client's legal malpractice action against him; "principles of agency permit the successor attorney's negligence to be imputed to the client-plaintiff to reduce his recovery against the former attorney through application of comparative fault principles." (Holland, at pp. 929-930.)