Bloomberg Law
Aug. 28, 2018, 5:58 PM UTC

Fee Fight Can’t Be Sole Basis for Legal Malpractice Claim

Mindy Rattan
Mindy Rattan
Reporter

The estranged widow of a car-dealership scion needs more than just a fee dispute to sue the estate’s lawyers for malpractice or breach of fiduciary duty, the Court of Appeals of Kentucky said.

Gail Martin, who lived apart from husband Cornelius Martin at the time of his death, sought to recoup over $1.4 million in co-executor and legal fees for seven years'-worth of work performed on a complex estate.

The court’s holding follows the well-accepted principle that an alleged ethics violation alone isn’t a sufficient basis for suing a lawyer.

Cornelius died in a motorcycle crash in 2006 and left ...

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