George Foster, a businessman from Pennsylvania, had a dispute with The Sisk

Corporation, a New York corporation, which, Foster is convinced, breached a contract they

had entered into to provide services to Foster in Philadelphia. The breach occurred on

September 19, 2012. On March 26, 2018, Foster retained Fernandez & Dykstra, LLP, a New

York law firm, to commence an action against Sisk. Senior partner William Hayward Wilson

took on the representation. The retainer agreement with Fernandez & Dykstra provided that,

in the event of any dispute, New York law would govern, and that any lawsuit arising under

the agreement must be brought within one year of accrual. It also provided a promise by

Fernandez & Dykstra to timely file an action against Sisk.

Wilson did not immediately pay attention to Foster's matter, because he was busy

planning to leave Fernandez & Dykstra, to form another partnership with his friend Lee

Mazzilli. In fact, on May 6, 2019, Wilson left his old firm, opening the new offices of Wilson &

Mazzilli, P.C. Foster agreed to have Wilson take his matter to his new firm, and signed an

identical retainer agreement with the new firm.

But, still, Wilson did not actively pursue Foster's matter. From time to time, Wilson

would bill Foster for "investigative work," which Wilson paid. But, beginning in early 2020,

Foster began attempting to pester Wilson to get on with the litigation, and kept asking about

the status. Wilson did not respond. Finally, when Foster received another bill from Wilson &

Mazzilli on April 14, 2020, Foster had had enough, and he wrote a sharply worded letter:

"Your conduct in this matter is completely despicable and unprofessional. You have

avoided me, yet I have already paid you outrageous sums considering how little you

have done in this matter. You are a complete jerk, and I hate you. I want nothing more

to do with you. You are a terrible lawyer, and I have no faith in you whatsoever. I

never want to speak to you again. If you don't move my case to trial soon I don't know how to expect me to pay the outrageous bills".

how you expect me to pay your outrageous bills."

6

Still, Wilson remained silent.

Finally, completely out of patience, Foster retained a new lawyer, on October 13, 2020.

The new lawyer discovered that Wilson had never commenced an action against Sisk

Corporation, and immediately did so. In May 2021, that action was dismissed on statute of

limitations grounds.

You can imagine Foster's reaction when, on June 14, 2023, Wilson & Mazzilli sued him

for unpaid fees. Let's just say that, on August 3, 2023, Foster answered the complaint, and

counterclaimed against Wilson & Mazzilli for malpractice. Foster also named Wilson

personally, and Fernandez & Dykstra, as third party defendants seeking the same damages

for malpractice.

Foster has moved for summary judgment dismissing the complaint; Wilson and

Wilson & Mazzilli have together moved for summary judgment dismissing the

counterclaim, as has, separately, Fernandez & Dykstra. Please draft the argument .

portion of each party's brief in support of their motion, and in opposition to their

adversary's motion