Get It In Writing

A divorcing wife retained a law firm to represent her. The husband, a physician, did not submit information regarding the value of his medical practice and its real estate.  The wife’s lawyer advised her to get an independent valuation. The wife rejected the advice and proceeded to trial, where she was not awarded any part of the medical practice or real estate.

The firm sued the wife for legal fees of slightly under $3000. The wife counterclaimed alleging malpractice. The firm prevailed on its fee claim and on the malpractice counterclaim. On appeal, both determinations were affirmed by the Connecticut Appellate Court. Error in the malpractice jury instruction did not provide a basis for reversal.

Practice note: the firm got a signed statement from the client confirming her rejection of its advice. (Mike Frisch)