Smith v. Haynsworth, Marion, Mckay & Geurard

472 S.E.2d 612 (1996)

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Nature of the Case

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Facts

Haynsworth (D), law firm, provided legal representation in a real estate project. Members of D's firm also invested in the project. D represented Bashor in his acquisition and sale of the lots, as well as in various other legal matters. Smith and Murray (Ps) contracted with a developer, Bashor, to purchase lots on Wild Dunes. Bashor was going to develop the lots, then sell them for a profit. D also represented Smith and Murray (Ps) in the transaction, with Bashor paying their attorney's fees. Ps filed malpractice claims against D when the project failed and went into bankruptcy. At trial Ps sought to introduce testimony from a law professor about the rules of professional conduct. D moved to exclude the testimony as inadmissible and claiming that Professor Adams was not qualified to give an expert opinion as he was neither a real estate lawyer nor licensed to practice law in South Carolina. The trial court agreed. Ps appealed.