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Keywords

damagesattorneymalpracticelegal malpracticeexemplary damagesdeclaratory judgment
damagesattorneymalpracticelegal malpracticeexemplary damages

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Smith v. O’Donnell, 288 S.W.3d 417, 52 Tex. Sup. Ct. J. 958

Facts

Corwin Denney served as executor of his wife Des Cygne's estate and retained the law firm Cox & Smith for legal advice regarding the administration of her estate. Denney believed certain stock was his separate property, but the attorneys advised him that it was presumed community property and recommended pursuing a declaratory judgment, which he declined. After Denney's death, his children sued his estate for misclassifying the stock, leading the executor, Thomas O'Donnell, to settle their claims and subsequently sue Cox & Smith for legal malpractice, alleging they failed to properly advise Denney.

Corwin Denney served as executor of his wife Des Cygne's estate and retained the law firm Cox & Smith for legal advice regarding the administration of her estate.

Issue

Whether an executor can bring a legal malpractice claim against a decedent's attorneys for malpractice committed outside the estate-planning context.

Whether an executor can bring a legal malpractice claim against a decedent's attorneys for malpractice committed outside the estate-planning context.

Rule

An executor is a personal representative who stands in the shoes of the decedent and may bring the decedent's survivable claims on behalf of the estate, including legal malpractice claims for pure economic loss.

An executor is a personal representative who stands in the shoes of the decedent and may bring the decedent's survivable claims on behalf of the estate, including legal malpractice claims for pure economic loss.

Analysis

The court applied the rule by determining that the executor, O'Donnell, had standing to bring the malpractice claim against Cox & Smith, as the claim was based on injuries to the estate that occurred during Denney's lifetime. The court found that the interests of the estate and the decedent were aligned, allowing the executor to pursue the claim despite the arguments regarding privity and potential conflicts of interest.

The court applied the rule by determining that the executor, O'Donnell, had standing to bring the malpractice claim against Cox & Smith, as the claim was based on injuries to the estate that occurred during Denney's lifetime.

Conclusion

The court affirmed the appellate court's decision, allowing the executor to proceed with the legal malpractice claim against the attorneys, while also ruling that there was no evidence of malice to support exemplary damages.

The court affirmed the appellate court's decision, allowing the executor to proceed with the legal malpractice claim against the attorneys, while also ruling that there was no evidence of malice to support exemplary damages.

Who won?

O'Donnell, as the executor, prevailed because the court ruled that he was entitled to bring the malpractice claim against the attorneys, affirming the appellate court's decision.

O'Donnell, as the executor, prevailed because the court ruled that he was entitled to bring the malpractice claim against the attorneys, affirming the appellate court's decision.

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