Nature of the Case
To access this section all you need to do is click here and register.
Facts
D represented P in her divorce proceedings. P alleged that D breached his fiduciary duties to her by forwarding to opposing counsel a copy of an email she sent to D that accused D of failing to represent her adequately at a mediation conference. P filed a complaint against D for breach of fiduciary duty. P claimed that D, without P's knowledge or consent, shared attorney-client confidential information with Joe Parkinson's attorney, Stanley Welsh. P also claimed that D failed to fully and adequately represent P, including but not limited to, a full and complete evaluation of the true value of the community real property held by the Parkinson community. D filed a motion to dismiss, arguing that when a plaintiff's claim against her former attorney arises out of the professional relationship with him, the only claim that she may properly assert is one for professional negligence. P admitted that she suffered no economic loss but sought relief in equity, i.e., disgorgement of the attorney fees she paid to D. The district court granted D's motion to dismiss. It held that P failed to allege sufficient facts to show the information was confidential and/or the communications were privileged, and the complaint failed to state a cause of action upon which relief may be granted. P moved to amend her complaint claiming she was entitled to the remedies of equitable forfeiture and fee disgorgement, in amounts to be proven at trial. The court denied the motion. P appealed.
Support@ bsmsphd.com
Casebriefs Co