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1282 There is uncertainty about whether an attorney sued for malpractice can assert a right of equitable indemnity against an attorney who subsequently represented the client and whose negligence allegedly contributed to the client's damage, so an attorney who asserts such a claim had probable cause and is not liable for maliciously prosecuting the claim.CitationCOPENBARGER v INTERNATIONAL INS (Daisy Chain) 46 CA4 961 [See: American Motorcycle v Superior Court 20 C3 578; Goldfisher v Superior Court 133 CA3 12; Pollack v Lytle 120 CA3 931; Parker v Morton 117 CA3 751]
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