Sign In

149032 - Bernstein, DPM v Seyburn Kahn Ginn Bess & Serlin

Randy H. Bernstein, DPM,
Ramona C. Howard
(Appeal from Ct of Appeals)
(Oakland – Langford-Morris, D.)
Seyburn Kahn Ginn Bess & Serlin, PC and Barry R. Bess,
Michelle A. Thomas


Two podiatrists, Randy Bernstein and Kenneth Poss, entered into a business relationship. They eventually separated when Bernstein accused Poss, as well as the attorney who authored the corporate entity, of fraud. Bernstein sued the attorney for legal malpractice and breach of fiduciary duty for fraudulently working with Poss to defraud him of his business interests. The issues are whether Bernstein’s claim for legal malpractice accrued at the time the defendants discontinued the provision of generalized legal services and whether those services were "the matters out of which the claim for malpractice arose" under MCL 600.5838. (Note: Justice Richard Bernstein is no relation to the litigant.)