Plaintiffs look to secure access for discovery information requests in legal malpractice case

By Nicholas Malfitano | Aug 7, 2015

Edwin P. Smith  

PHILADELPHIA – Plaintiff counsel in a legal malpractice action are seeking to prevent the defense from denying access to their information requests as the case proceeds.

Edwin P. Smith filed a motion in limine on July 6 to preclude Norristown-based defendants Gregory R. Noonan and his firm Walfish & Noonan from denying access to the contents of three sets of requests for admissions, which had previously been served and allegedly went unanswered.

A hearing on the matter was scheduled for Thursday in Court chambers at Philadelphia City Hall.

Philadelphia plaintiff Thomas Carl’s February 2011 lawsuit is in connection with receiving what he felt was ineffective legal representation from the defendants.

In January 2006, Carl had just left the employ of Western & Southern Financial Group allegedly due to harassment, threats and a hostile work environment, and planned to file a discrimination lawsuit against them. Per Carl’s account, Walfish & Noonan was the firm hired to represent him in that case.

Carl claimed he provided “good and valuable information” and the firm contacted the Equal Employment Opportunity Commission for his discrimination suit to proceed.

However, Carl asserts the documents created by the EEOC and sent to both Carl and his legal representation had his address information listed incorrectly. As a result, Carl did not receive his EEOC “right to sue” declaration, but his counsel did.

Carl claims Noonan and his firm did not advise him of this discrepancy and did not move forward with the suit. 

Subsequently, Carl was later time-barred from any recovery, because the time to file the suit expired during the time the defendants were representing him.

Carl then filed a lawsuit levying claims of professional negligence and breach of contract against Noonan and his firm, charging their failure to act in a timely manner, inquire on the claim, advise him of his rights or file the lawsuit, led him to a position of being unable to seek proper legal recovery. 

The plaintiff is seeking judgment jointly and severally in excess of $50,000, and disgorgement of all fees paid to defendants.

The plaintiff is represented by Smith, in Philadelphia.

The defendants are represented by Brad Wertheimer in Philadelphia, along with Noonan providing his own legal representation.

Philadelphia County Court of Common Pleas case 110104922

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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