Evangelos Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C. (080357) (Middlesex County and Statewide) - Published

The Court reiterates its holding in Olds that the entire controversy doctrine does not compel a client to assert a legal malpractice claim against an attorney in the underlying litigation in which the attorney represents the client. 150 N.J. at 443. However, the collection action at issue in this matter was not an “underlying action” as that term is used in Olds, and the entire controversy doctrine may bar the claim. The record of this appeal, however, is inadequate for an application of the equitable rules that govern here.