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Keywords

attorneytrialsummary judgmentmalpracticewilllegal malpracticepiracy
lawyertrialsummary judgmentmalpracticewilllegal malpractice

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Chase v. Bowen, 771 So.2d 1181, 25 Fla. L. Weekly D2400

Facts

Naomi Chase became disabled in her teens and lived with her mother, Reah Chase, who supported her until her death in 1997. Reah had previously made Naomi a beneficiary in her will, but later revised it to exclude Naomi and benefit the Lavenders, family friends. Naomi alleged that Bowen, who represented both her and her mother, had a conflict of interest and failed to inform her of this conflict when drafting the new will.

Naomi became disabled during the 1940's when she was sixteen or seventeen years old, due to epilepsy. She has never been able to work outside her home. She lived with her mother, Reah Chase, who lived with her, and supported and cared for her, until Reah died in 1997.

Issue

Did Lennon Bowen commit legal malpractice by failing to disclose a conflict of interest when he prepared a revised will for Reah Chase that excluded her daughter, Naomi, as a beneficiary?

Did Lennon Bowen commit legal malpractice by failing to disclose a conflict of interest when he prepared a revised will for Reah Chase that excluded her daughter, Naomi, as a beneficiary?

Rule

An attorney must not represent a client if the representation will be directly adverse to the interests of another client, unless all clients consent after consultation.

A lawyer shall not represent a client if the representation of that client will be directly adverse to the interests of another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the lawyer's responsibilities to and relationship with the other clients; and (2) each client consents after consultation.

Analysis

The court found that Bowen's representation of Reah did not create a legal obligation to oppose her decision to change her will, as he was not required to act against her wishes. The court noted that there were no allegations of conspiracy or undue influence by Bowen in the drafting of the new will, and thus, he did not breach any duty to Naomi.

The court found that Bowen's representation of Reah did not create a legal obligation to oppose her decision to change her will, as he was not required to act against her wishes.

Conclusion

The appellate court affirmed the trial court's summary judgment in favor of Bowen, concluding that he did not owe a duty to Naomi to oppose her mother's decision to change her will.

The appellate court affirmed the trial court's summary judgment in favor of Bowen, concluding that he did not owe a duty to Naomi to oppose her mother's decision to change her will.

Who won?

Lennon Bowen prevailed in the case because the court determined he did not have a legal obligation to oppose Reah Chase's decision to change her will.

Lennon Bowen prevailed in the case because the court determined he did not have a legal obligation to oppose Reah Chase's decision to change her will.

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