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Keywords

lawsuitsettlementlitigationattorneyappealmalpractice
lawsuitsettlementattorneyappeal

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Spencer v. Barber, 299 P.3d 388, 2013 -NMSC- 010

Facts

The personal representative, Ellen Sam, filed a lawsuit for wrongful death after her daughter and granddaughter died in a car accident. Sam's attorney, Paul Barber, represented her both individually and as the personal representative of the estates. During the litigation, Barber learned that Sam had been drinking before the accident and that she claimed her ex-husband, Herman Spencer, was not entitled to any wrongful death proceeds due to alleged abandonment. Barber facilitated a settlement agreement that reduced Spencer's share, which he later contested, leading to claims against Barber for malpractice and misrepresentation.

The personal representative, Ellen Sam, filed a lawsuit for wrongful death after her daughter and granddaughter died in a car accident. Sam's attorney, Paul Barber, represented her both individually and as the personal representative of the estates.

Issue

Whether the attorney owed a duty to the statutory beneficiary under the Wrongful Death Act and whether the Rules of Professional Conduct govern that duty.

Whether the attorney owed a duty to the statutory beneficiary under the Wrongful Death Act and whether the Rules of Professional Conduct govern that duty.

Rule

The Rules of Professional Conduct provide guidance in determining the obligations of attorneys to their clients, and an attorney has a duty to exercise reasonable care to ensure that statutory beneficiaries receive their rightful share of wrongful death settlement proceeds.

The Rules of Professional Conduct provide guidance in determining the obligations of attorneys to their clients, and an attorney has a duty to exercise reasonable care to ensure that statutory beneficiaries receive their rightful share of wrongful death settlement proceeds.

Analysis

The court analyzed the attorney's duty to the statutory beneficiary, concluding that the Rules of Professional Conduct were relevant in assessing whether Barber acted with reasonable skill and care. The court found that genuine issues of material fact existed regarding whether Barber adequately informed Spencer of his potential share of the settlement and whether he disclosed the conflict of interest that arose when Sam claimed Spencer was not entitled to any proceeds.

The court analyzed the attorney's duty to the statutory beneficiary, concluding that the Rules of Professional Conduct were relevant in assessing whether Barber acted with reasonable skill and care.

Conclusion

The Supreme Court reversed the Court of Appeals' judgment and remanded the case to the District Court for further proceedings, emphasizing that the attorney's duty to the statutory beneficiary must be determined in light of the Rules of Professional Conduct.

The Supreme Court reversed the Court of Appeals' judgment and remanded the case to the District Court for further proceedings, emphasizing that the attorney's duty to the statutory beneficiary must be determined in light of the Rules of Professional Conduct.

Who won?

The personal representative, Ellen Sam, prevailed in part as the court found that there were genuine issues of material fact regarding the attorney's conduct, which warranted further examination.

The personal representative, Ellen Sam, prevailed in part as the court found that there were genuine issues of material fact regarding the attorney's conduct, which warranted further examination.

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