Derick Villanueva and The Villanueva Law Firm, LLC formerly known as Moss & Villanueva, LLC appeal the denial of their motion for summary judgment and the grant of partial summary judgment to First American Title Insurance Company in this action stemming from a real estate closing. Because Villanueva was not a party to the contract upon which First American bases its claim, we reverse the grant of summary judgment to First American on its breach of contract claim and hold that Villanueva is entitled to summary judgment on that claim. As a matter of first impression, we hold that legal malpractice claims are not per se unassignable and Homecomings Financial assigned its claim to First American. Consequently First American may proceed in its own name, and we reject Villanueva’s contention that the case should be dismissed on the basis that it cannot. We also hold that whether an intervening criminal act insulates Villanueva from liability turns on forseeability and is therefore a jury question. We therefore affirm the denial of Villanueva’s motion for summary judgment on the legal malpractice claim. Summary judgment is appropriate when the evidence, viewed favorably to the non-moving party, shows that no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law. See OCGA § 9-11-56 c. Many of the underlying facts in this case are undisputed. Villanueva is a 2000 graduate of Emory University and a 2003 graduate of Syracuse Law School, and he is a member of the Georgia Bar. In January 2007, he began working as an associate attorney in George Moss’s law firm, The Moss Firm/Lenox Title. The firm had been organized in 2005 as The Moss Firm, LLC.
Within months, Villanueva became uncomfortable with the firm’s operations, particularly Moss’s connection with a non-lawyer, Neal Allen, and the fact that Allen had access to the escrow account the firm used, an account in the name of Lenox Title, LLC. Villanueva knew that lawyers should not allow non-attorneys access to the escrow account. In fact, only Neal Allen and Margaret Moss, George Moss’s wife, were signatories on that account; neither was an attorney. George Moss was not a signatory on the account. Villanueva also believed Moss displayed signs of senility.
