Allen v. Lawrence

In Allen v. Lawrence, 137 Ore. App. 181, 903 P.2d 919 (1995), rev den 322 Ore. 644, 912 P.2d 375 (1996), the plaintiff filed a medical malpractice action pro se, which was dismissed for failure to state a claim. Allen, 137 Ore. App. at 183. The plaintiff alleged that, at the time he retained the defendant attorneys, the attorneys "promised and agreed with plaintiff that they would file a Motion to Set Aside Judgment and would get the case reinstated." Allen, 137 Ore. App. at 185. The judgment of dismissal was not set aside, and the plaintiff, in turn, sued his attorneys for malpractice. We reversed the trial court's dismissal of the plaintiff's claim for breach of contract. The Court concluded that: "An attorney's agreement to obtain a particular result, i.e., to 'get the case reinstated,' does not implicate any general standard of care. It is an explicit promise to produce a particular result, apart from an agreement to exercise a general standard of care to prosecute a claim. Because the complaint includes an allegation that defendants breached a contractual promise, which could give rise to liability regardless of the level of care exercised in attempting to produce the result, the complaint states a claim for breach of contract, and the trial court erred in dismissing that claim." Allen, 137 Ore. App. at 185.