Lange v. Marshall

622 S.W.2d 237 (1981)

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Nature of the Case

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Facts

Marshall (D) was a close personal friend of Lange (P) and her former husband Ralph (H). The Langes decided to divorce and approached D and D advised each that he would not represent one against the other, but if they could agree upon the terms of their dissolution, he would represent them jointly and draw up the papers and get them entered with the court. P was suffering from lupus eryethemathosis and admitted herself into the psychiatric ward because of depression and her marital problems. P signed the dissolution and agreement for divorce when she left the hospital and actually conferenced about the terms while she was in the hospital. The agreement was entered before the court, and the court stated it would rule in 30 days. P had second thoughts about the agreement and sought legal counsel, and D withdrew as the agreement fell apart. Eventually, the legal problems were resolved with respect to the divorce and then P sued D for negligence in that D failed to negotiate a better settlement for her, failed to inquire as to the financial status of H, failed to tell her she would get a better settlement if she litigated the matter, and failed to fully disclose all her rights as to marital property, custody, and maintenance. D asserted that he represented the parties as a mediator and was under no duty to perform those tasks. The jury awarded P damages of $74,000. D appealed.