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Keywords

plaintiffdamagesattorneydiscoverytestimonyfiduciarymalpracticewilldivorcelegal malpracticesustainedfiduciary dutybreach of fiduciary duty

plaintiffdamagesattorneydepositiondiscoverytrialaffidavitfiduciarymalpracticewilldivorcelegal malpracticefiduciary dutybreach of fiduciary duty

Related Cases

Stender v. Blessum, 897 N.W.2d 491

Facts

Melissa Stender sought legal assistance from attorney Anthony Zane Blessum for her divorce from Phillip Stender. During the representation, Blessum failed to conduct proper discovery and drafted a divorce decree that Stender believed unfairly favored her ex-husband. Following a series of events, including a sexual relationship between Stender and Blessum, Stender was assaulted by Blessum. Stender later filed a civil action against Blessum, alleging multiple claims including legal malpractice and assault.

In September 2008, Melissa Stender met with attorney Anthony Zane Blessum for legal assistance in a divorce proceeding against her then-husband, Phillip Stender. Blessum did not conduct any written discovery, take depositions, or obtain financial affidavits in the case. On March 25, Stender signed the second proposed decree upon the advice of Blessum. Stender testified at trial that she was a homemaker for most of her marriage to Phillip.

Issue

Did the sexual relationship between Stender and Blessum give rise to a per se legal malpractice claim, and did Stender establish that Blessum breached his duty in drafting her will?

Rule

To establish a claim for legal malpractice, a plaintiff must demonstrate that an attorney-client relationship existed, the attorney breached a duty, the breach caused injury, and the client sustained actual damages.

To establish a claim for legal malpractice, a plaintiff must produce substantial evidence demonstrating: (1) an attorney-client relationship existed giving rise to a duty; (2) the attorney violated or breached the duty, either by an overt act or a failure to act; (3) the breach of duty proximately caused injury to the client; and (4) the client did sustain an actual injury, loss, or damage.

Analysis

The court found that Stender did not provide sufficient evidence to support her claims of legal malpractice. Specifically, the court held that the existence of a sexual relationship alone did not establish a breach of duty, and Stender failed to demonstrate any actual injury or loss separate from the relationship. Additionally, the court noted that expert testimony was necessary to establish the standard of care in legal malpractice claims, which Stender did not provide.

Conclusion

The Supreme Court affirmed the district court's ruling, concluding that Stender's claims of legal malpractice were not supported by sufficient evidence, and the sexual relationship did not automatically constitute a breach of fiduciary duty.

Who won?

Anthony Zane Blessum prevailed in the case because the court found that Stender did not establish a breach of duty or any actual damages related to her legal malpractice claims.

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