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CONFIDENTIAL

Sep. 22, 2005

Attorneys
Professional Negligence
Legal Malpractice

Confidential

Settlement –  $2,000,000

Court

Confidential


Attorneys

Plaintiff

Alton J. Smith

Jeffrey E. Estes
(Estes & Associates)


Facts

In an underlying case, defendant attorneys brought a wrongful death action on behalf of the surviving widow, but failed to name as party plaintiffs the adult son and daughter of the decedent. The two adult children, along with their mother (the surviving spouse), believed that they were all parties to the lawsuit and being represented by the defendants. In the underlying case, the surviving spouse was awarded a substantial verdict in general and special damages. The adult children brought a legal malpractice action against their attorneys. The defendant attorneys contended that they were hired solely on behalf of the surviving spouse and at no time agreed to assume the representation of the adult children.

Result

The case was mediated by Jay Horton of Judicate West and the parties settled for $2 million.

Other Information

PLEASE PROVIDE: (1) SETTLEMENT DATE; (2) A BIT MORE INFORMATION ON THE UNDERLYING CASE -- WAS IT A WRONGFUL DEATH ACTION? (3) IN THE UNDERLYING CASE, WHAT DAMAGES OULD HAVE THE ADULT SON AND DAUGHTER ASKED FOR? (4) ANY MORE CONTEXT YOU CAN PROVIDE WOULD BE VERY HELPFUL.


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