Justia Professional Malpractice & Ethics Opinion Summaries

The plaintiffs, two grandchildren and a friend of the decedent, Wisniewski, filed a lawsuit against the defendant attorney, alleging professional negligence and breach of contract in the preparation of Wisniewski's will. They claimed that Wisniewski intended for his TD Ameritrade account to be distributed equally among five individuals, including the plaintiffs, but due to the defendant's failure to ensure the account's beneficiary designation was changed, the entire account was distributed to Wisniewski's daughter, the sole designated beneficiary.The trial court dismissed the professional negligence claim, ruling that the plaintiffs lacked standing because Connecticut law only allows third-party beneficiaries to sue attorneys for errors in drafting or executing a will, not for failing to change a beneficiary designation. The court later dismissed the breach of contract claim, finding it functionally identical to the dismissed negligence claim.The Connecticut Supreme Court reviewed the case. It agreed with the trial court that the plaintiffs did not allege a drafting error in the will. However, it concluded that public policy supports holding attorneys liable for failing to advise clients about the need to change beneficiary designations to effectuate their estate plans. The court held that the plaintiffs had standing to sue for professional negligence based on the defendant's failure to advise Wisniewski about the implications of the beneficiary designation on his estate plan. The court did not recognize a duty for attorneys to ensure that clients actually change beneficiary designations.The court affirmed the dismissal of the breach of contract claim, agreeing that the allegations did not sound in breach of contract but were essentially the same as the dismissed negligence claim. The case was remanded for further proceedings on the professional negligence claim related to the failure to advise. View "Wisniewski v. Palermino" on Justia Law

Walter Bedford Jr., an attorney admitted to practice law in 1974, prepared a will for Clara Howard Jackson in 2016, naming himself as executor and Margaret Hayes as the sole beneficiary. After Jackson's death in 2019, Bedford delayed filing the probate petition and missed court dates. He was eventually appointed executor but failed to manage the estate properly, writing checks to himself for unearned fees and depleting the estate's funds. Hayes, the beneficiary, had to hire another attorney to remove Bedford as executor and filed a bar complaint against him.The Inquiry Commission issued a three-count charge against Bedford for failing to act with diligence, failing to safekeep the estate property, and failing to return estate funds after removal as executor. Bedford admitted to these violations. He requested to be placed on Honorary Membership Inactive Status and proposed a negotiated sanction of a public reprimand and repayment of the unearned fees.The Supreme Court of Kentucky reviewed the proposed sanction and found it appropriate. The Court noted similar cases where public reprimands and repayments were ordered for comparable misconduct. Considering Bedford's substantial experience, lack of prior discipline, personal hardships, and remorse, the Court concluded that a public reprimand and repayment of the unearned fee were suitable sanctions.The Supreme Court of Kentucky publicly reprimanded Bedford and ordered him to repay $5,979.00 to the estate within one year. Bedford was also directed to pay the costs associated with the disciplinary proceedings. View "In re Bedford" on Justia Law

Robert Mack, a beneficiary of his parents' estates, contested the distribution of assets from his mother’s will and his father’s testamentary trust. After his parents passed away, his brothers Hugh and Eric, acting as co-personal representatives and co-trustees, filed a petition for distribution to Robert. The circuit court approved the distribution after Robert’s attorney did not object at the hearing. Robert later obtained new counsel and filed a motion for relief from the order of distribution, claiming his previous attorney did not inform him of the hearing or the proposed distribution.The Circuit Court of the Third Judicial Circuit in Codington County, South Dakota, denied Robert’s motion for relief under SDCL 15-6-60(b). The court found Robert’s claim that he had no communication with his attorney since late 2022 not credible, based on his previous conduct in court proceedings. The court also concluded that the order of distribution was fair and equitable, despite Robert’s request for an evidentiary hearing to contest the valuation of the estate assets.The Supreme Court of the State of South Dakota reviewed the case and found that the circuit court abused its discretion in denying Robert’s motion for relief. The Supreme Court noted that Robert’s affidavit, which stated he had no knowledge of the hearing or the proposed distribution, was unrefuted. Additionally, the court highlighted the pending disciplinary proceedings against Robert’s former attorney, which raised concerns about the attorney’s ability to practice law. The Supreme Court reversed the circuit court’s decision and remanded the case with directions to grant the motion for relief from the order of distribution and to set an evidentiary hearing on the petition for distribution. View "In the Matter of the Estate Of Mack" on Justia Law

The case involves James B. Church & Associates, P.C. (the Church Firm), which served as legal counsel for Dennis Shogren, the personal representative of the estate of Loren R. Kirk, in a probate action. The estate beneficiaries, including Barbara Sagehorn and the Carter Beneficiaries, alleged that the Church Firm negligently failed to file a protective claim for a refund with the IRS or advise Shogren to do so. This failure purportedly resulted in the estate missing out on a potential $5,000,000 tax refund.The Superior Court of San Bernardino denied the Church Firm's special motion to strike the causes of action under the anti-SLAPP statute. The court found that the firm did not demonstrate that the causes of action arose from its constitutionally protected free speech or petitioning activities. The Church Firm appealed this decision.The Court of Appeal, Fourth Appellate District, Division One, State of California, reviewed the case. The court conducted an independent review and agreed with the lower court's ruling. It determined that the alleged acts forming the basis of the petitioners' causes of action—specifically, the Church Firm's failure to file a protective claim for a refund and failure to advise Shogren to file such a claim—were not protected activities under the anti-SLAPP statute. The court emphasized that the anti-SLAPP statute protects statements or writings made before or in connection with an issue under consideration by a judicial body, not failures to act or speak.Therefore, the Court of Appeal affirmed the order denying the anti-SLAPP motion, concluding that the Church Firm did not meet its burden of proving that the causes of action arose from protected conduct. View "Callister v. James B. Church & Associates" on Justia Law

The case involves a dispute among co-trustees of The Pony Tracks Ranch Trust, specifically Allison Littlefield, her brothers David and Scott Littlefield, and her aunt Denise Sobel. Allison filed a petition alleging various grievances, including the removal of co-trustees, breach of fiduciary duty, and breach of the Trust. She claimed that the co-trustees misused Trust funds, concealed information, converted her personal property, and restricted her and her husband's use of the Ranch. Additionally, she alleged that the co-trustees failed to address misconduct by an employee, Stacey Limbada, who had been hostile towards her and her husband.The San Mateo County Superior Court denied the appellants' special motion to strike under California's anti-SLAPP statute, which is designed to prevent lawsuits that chill the exercise of free speech and petition rights. The court found that the appellants did not meet their burden of showing that Allison's petition arose from protected activity. The court also denied Allison's request for attorney's fees, concluding that the anti-SLAPP motion was not frivolous or solely intended to cause unnecessary delay.The California Court of Appeal, First Appellate District, reviewed the case. The court affirmed the trial court's denial of the anti-SLAPP motion, agreeing that the appellants failed to demonstrate that the petition was based on protected activity. However, the appellate court reversed the trial court's denial of Allison's request for attorney's fees. The appellate court found that the anti-SLAPP motion was frivolous because it was entirely without merit, as no reasonable attorney would conclude that the petition sought to impose liability based on protected activity. The case was remanded for a determination of the appropriate award of attorney's fees for Allison. View "Littlefield v. Littlefield" on Justia Law

Jill Brenden appealed an order from the Eighteenth Judicial District Court, Gallatin County, which denied her claims against the estate of her late husband, Robert Brenden. Jill sought reimbursement for expenses and objected to the distribution and valuation of certain property in the estate. Barbara Jensen, Robert's sister and the appellee, sought attorney fees. Jill and Robert had a long-term relationship, cohabitated, and married in 2010. They purchased a home together in 2006 and later built another home on a property Robert inherited. Robert was diagnosed with cancer, which went into remission but later returned. Before his death, Robert designated Barbara as the Payable on Death (POD) beneficiary of his bank account.The District Court found that Jill converted funds from Robert's account after his death, despite her claim that Robert instructed her to transfer the funds before he died. The court admitted bank records as business records, which showed the transfers occurred after Robert's death. Jill continued to access the account and transferred funds to herself without notifying the estate. Barbara intervened in the probate action, filing a third-party complaint against Jill for wrongful conversion and deceit. Jill counterclaimed, alleging unjust enrichment and seeking a constructive trust over the proceeds from the sale of their jointly owned home.The Supreme Court of the State of Montana reviewed the case. It held that the District Court did not abuse its discretion in admitting the bank records as business records. The court affirmed the District Court's finding that Jill converted the funds in Robert's account, as Barbara became the rightful owner upon Robert's death. However, the court found that Jill was entitled to her share of the proceeds from the sale of their jointly owned home, held in a resulting trust. The court denied Barbara's request for attorney fees and remanded the case for further proceedings consistent with its opinion. View "In re Estate of Brenden" on Justia Law

Allison J. Littlefield filed a verified petition against Scott Littlefield, David Littlefield, and Denise Sobel, who are co-trustees of The Pony Tracks Ranch Trust and its sub-trusts. The petition alleged misuse of Trust funds, concealment of information, conversion of Allison’s personal property, wrongful removal of Allison from the board, and imposition of restrictions on her and her husband’s use of the Ranch. Allison sought removal of the co-trustees, breach of fiduciary duty, breach of the Trust, and declaratory and injunctive relief, including an order enjoining the co-trustees from harassing, disparaging, or defaming her.The San Mateo County Superior Court denied the co-trustees' special motion to strike under California’s anti-SLAPP statute, concluding that the co-trustees failed to show that Allison’s petition arose from protected activity. The court also denied Allison’s request for attorney’s fees, finding that the anti-SLAPP motion was not frivolous or solely intended to cause unnecessary delay.The California Court of Appeal, First Appellate District, reviewed the case. The court affirmed the trial court’s denial of the anti-SLAPP motion, agreeing that the co-trustees did not meet their burden of showing that the petition arose from protected activity. The court found that the co-trustees’ motion was overreaching and did not identify specific allegations of protected activity. The court reversed the trial court’s denial of Allison’s request for attorney’s fees, determining that the anti-SLAPP motion was frivolous because no reasonable attorney would conclude that the motion had merit. The case was remanded for a determination of the appropriate award of attorney’s fees for Allison. View "Littlefield v. Littlefield" on Justia Law

Allison Littlefield filed a verified petition against her brothers, Scott and David Littlefield, and her aunt, Denise Sobel, who are co-trustees of The Pony Tracks Ranch Trust. The petition sought their removal as co-trustees, alleging breaches of fiduciary duty and the Trust, and requested declaratory and injunctive relief. Allison claimed that the appellants misused Trust funds, concealed information, converted her personal property, restricted her use of the Ranch, and failed to address misconduct by an employee, Stacey Limbada, who allegedly harassed Allison and her husband.The San Mateo County Superior Court denied the appellants' special motion to strike the petition under California's anti-SLAPP statute, concluding that the appellants failed to show that Allison's petition arose from protected activity. The court also denied Allison's request for attorney's fees, finding that the motion was not frivolous or solely intended to cause unnecessary delay.The California Court of Appeal, First Appellate District, Division Four, reviewed the case. The court affirmed the trial court's denial of the anti-SLAPP motion, agreeing that the appellants did not meet their burden of showing that the petition was based on protected activity. The court noted that the appellants' motion failed to identify specific allegations of protected activity and improperly sought to strike the entire petition or all causes of action without distinguishing between protected and unprotected conduct.However, the appellate court reversed the trial court's denial of Allison's request for attorney's fees, finding that the anti-SLAPP motion was frivolous. The court held that any reasonable attorney would agree that the motion was totally devoid of merit, as it did not demonstrate that the petition sought to impose liability based on protected activity. The case was remanded for a determination of the appropriate award of attorney's fees for Allison. View "Littlefield v. Littlefield" on Justia Law

A credit union filed a claim in probate court, asserting that the decedent owed money on a car loan. The estate mailed a notice of disallowance to the credit union, but the credit union claimed it never received the notice. The estate argued that the claim was time-barred because the credit union did not request a hearing within twenty days of the notice. The credit union conducted an internal investigation and submitted an affidavit stating it never received the notice and that the person who signed for it was not an employee of the credit union but an agent of the U.S. Postal Service.The Iowa District Court for Linn County imposed sanctions on the credit union and its attorneys for violating Iowa Rule of Civil Procedure 1.413(1), which requires that filings be well-grounded in fact and law after reasonable inquiry. The court found that the credit union's investigation was insufficient and that the attorneys made incorrect assertions about the mailing. The Iowa Court of Appeals upheld the sanctions.The Iowa Supreme Court reviewed the case and concluded that the district court abused its discretion in awarding sanctions. The Supreme Court found that the credit union and its counsel conducted a reasonable investigation under the circumstances, given the time constraints and the information available. The court emphasized that the reasonableness of the investigation should be assessed based on the time of the filing, not with hindsight. The Supreme Court vacated the decision of the Court of Appeals, sustained the writ of certiorari, vacated the sanctions, and remanded the case for further proceedings. View "Dupaco Community Credit Union v. Iowa District Court for Linn County" on Justia Law

Jeffrey G. Grossman and his family sued attorney John Peter Wakeman, Jr. and Wakeman Law Group, Inc. for legal malpractice. The plaintiffs claimed that Wakeman negligently prepared estate planning documents for Dr. A. Richard Grossman, which disinherited them in favor of Richard's fourth wife, Elizabeth Grossman. Richard's estate was valued at $18 million, and the plaintiffs argued they were the intended beneficiaries. The jury found in favor of the plaintiffs, awarding $9.5 million in damages.The Ventura County Superior Court denied Wakeman's motion for judgment notwithstanding the verdict. Wakeman appealed, arguing that he owed no duty of care to the plaintiffs, as they were not his clients. He contended that his duty was solely to Richard, who had instructed him to leave everything to Elizabeth.The California Court of Appeal, Second Appellate District, Division Six, reviewed the case. The court concluded that the evidence was insufficient to show that Wakeman owed a duty of care to the plaintiffs. The court emphasized that there was no clear, certain, and undisputed evidence of Richard's intent to benefit the plaintiffs. Testimonies from Elizabeth and others supported Wakeman's claim that Richard intended to leave his estate to Elizabeth. The court held that imposing a duty on Wakeman to the plaintiffs would place an intolerable burden on the legal profession.The Court of Appeal reversed the judgments and remanded the case to the trial court with directions to enter judgment in favor of Wakeman and his law group. The appeal from the order denying the motion for judgment notwithstanding the verdict was dismissed as moot. View "Grossman v. Wakeman" on Justia Law