If any plaintiff is involuntarily dismissed or cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs which may have accrued in the case. In like manner, if any defendant is cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs thereof.
(Laws 1799, Cobb's 1851 Digest, p. 505; Code 1863, § 3602; Code 1868, § 3626; Code 1873, § 3676; Code 1882, § 3676; Civil Code 1895, § 5386; Civil Code 1910, § 5981; Code 1933, § 24-3402.)
RESEARCH REFERENCES
ALR.
- Attorney's liability for negligence in preparing or conducting litigation, 45 A.L.R.2d 5; 6 A.L.R.4th 342.
Measure and elements of damages recoverable for attorney's negligence with respect to maintenance or prosecution of litigation or appeal, 45 A.L.R.2d 62.
Legal malpractice in connection with attorney's withdrawal as counsel, 6 A.L.R.4th 342.
Measure and elements of damages recoverable for attorney's negligence in preparing or conducting litigation-Twentieth Century cases, 90 A.L.R.4th 1033.
Legal malpractice: negligence or fault of client as defense, 10 A.L.R.5th 828.