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Joel E. Wright and Stacy D. Heard won summary judgment of dismissal of plaintiff’s claims in a family law legal-malpractice case, Pritchett v. Smith and Whitaker. In their first partial summary judgment motion, the court dismissed one of plaintiff’s claims of $1.4 million in damages. Plaintiff alleged that his dissolution attorneys failed to investigate the value of an asset beyond the valuation set forth on an investment account statement. The court found that the attorneys had no duty to investigate the value of the asset unless extraordinary circumstances led them to believe the statement was inaccurate. In their second partial summary judgment motion, Joel and Stacy won dismissal of plaintiff’s remaining claims. Plaintiff claimed damages regarding alleged improper distribution and valuation of community assets. The court found that plaintiff could not show that the dissolution attorneys’ conduct proximately caused his damages or that his alleged damages were based upon anything more than speculation and conjecture. The court dismissed the action.

Michelle A. Corsi won dismissal of Brown v. Wotipka, a legal-malpractice case. Michelle had moved to compel discovery, which was granted. Plaintiff was ordered to provide full discovery responses and pay sanctions or risk dismissal. Plaintiff failed to do so. Michelle moved to dismiss. The court granted the motion, finding that plaintiff’s violation was willful, that plaintiff had failed to show good cause, and that in light of the imminent discovery cutoff and trial date, no lesser sanction would suffice. … Michelle Corsi also won a fee dispute for her attorney client in arbitration before the Washington State Bar Association. The former client disputed the amount of fees owed to the attorney stemming from a complex dissolution action involving foreign law issues. The three arbitrators awarded the attorney almost all of the claimed fees.

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The Lee Smart Quarterly is a publication of the law offices of Lee, Smart, Cook, Martin & Patterson, P.S., Inc. for clients and others. It is intended as general information only and is not to be construed as legal advice. You should consult an attorney if you have any specific legal questions.

Editor: Jeffrey P. Downer Eml: jpd@leesmart.com
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