March 21, 2011
Malpractice Award Upheld
The Idaho Supreme Court affirmed a judgment for legal malpractice in a case brought against a lawyer who represented the wife in a divorce matter.
The attorney was found to have engaged in malpractice in that he had failed to inquire into the mental health status of his client after he had "many indications of [her] alleged mental incapacity." The client was involuntarily hospitalized a week before the trial. The attorney also had information that she was using methanphetamine. He also had "failed to investigate, inform, and advise [the client] with respect to the value of the couple's...property."
The attorney had filed but withdrawn a motion to withdraw as counsel due to an alleged "total communication breakdown."
I suspect the attorney wishes now that he had pressed the motion to withdraw. (Mike Frisch)
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