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Keywords

attorneynegligenceliabilitystatuteappealtrialsummary judgmentmalpracticetruststatute of limitationslegal malpracticeappellant

defendantattorneynegligenceliabilitystatuteappealtrialmotionsummary judgmentmalpracticetruststatute of limitationslegal malpracticeappellantmotion for summary judgment

Related Cases

Pizel v. Zuspann, 247 Kan. 54, 795 P.2d 42, 10 A.L.R.5th 1098

Facts

Charles Pizel, a single man who owned over 1,760 acres of farmland in Kansas, created an inter vivos trust in 1962 with the assistance of attorney Eugene P. Zuspann. After Pizel's death in 1979, his nephews, who were potential beneficiaries of the trust, brought a legal malpractice action against Zuspann and another attorney, B.E. Whalen. The trust was invalidated by the court, leading to claims of negligence against the attorneys for failing to properly establish and manage the trust.

Charles Pizel was a single man who owned and farmed over 1,760 acres of farm land in Sherman County, Kansas. He died in April 1979. The appellants here are three nephews of Charles Pizel. Allen lives in Colorado, where he owns and farms 2,700 acres of land. Allen's brother, Wilfred, also known as Bill or Billy, died after Charles and after the trust Charles created had been set aside by the Court of Appeals. Herbert, or Herb, is a farmer living in Kansas and the cousin of Allen and Wilfred.

Issue

Whether the attorneys could be held liable for legal malpractice despite the lack of privity between the beneficiaries and the attorneys, and whether the statute of limitations was tolled due to the appeal from the district court's judgment.

Rule

An attorney is not relieved of liability for acts occurring prior to the termination of the attorney-client relationship, and lack of privity does not preclude a legal malpractice action by intended beneficiaries of a trust.

In a legal malpractice action, an attorney is not relieved of liability to a former client or a third party for acts by the attorney which occurred prior to the termination of the attorney-client relationship, notwithstanding that the attorney ceases to represent the client on the matter in question and is subsequently replaced by other counsel who thereafter represents the client on that matter before substantial injury occurs or a cause of action accrues.

Analysis

The court analyzed the actions of both attorneys, determining that Zuspann had a continuing duty to ensure that Pizel's intent to create a valid trust was realized, despite his departure from the case. The court found that the jury should assess the fault of each attorney, as both had potential negligence in their representation of Pizel and the management of the trust.

The mere fact that Whalen subsequently represented Charles does not relieve Zuspann of liability for his acts of negligence prior to the termination of his attorney-client relationship with Charles. The fault of each attorney, if any, is for the jury to determine and compare.

Conclusion

The court concluded that the trial court erred in granting summary judgment in favor of Zuspann and that the case should be remanded for a new trial to assess the negligence claims against both attorneys.

The trial court did err in granting summary judgment in favor of defendant Zuspann.

Who won?

The appellants (potential beneficiaries) prevailed in part as the court reversed the summary judgment in favor of Zuspann, allowing their claims to proceed.

The court concluded that the trial court erred in granting Zuspann's motion for summary judgment.

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Clarken v. Brown, 258 Iowa 18, 137 N.W.2d 376

In re Fritschi’s Estate, 60 Cal.2d 367, 384 P.2d 656, 33 Cal.Rptr. 264