Alabama's highest court rules that an attorney is not entitled to summary judgment on a legal malpractice claim because the client did not have to definitively prove that the result in the underlying will contest would have been different if not for the attorney's negligence. Bond v. McLaughlin (Ala., No. 1151215, Feb. 24, 2017).
After Kimberly Bond's husband died in a motorcycle crash, she hired attorney James McLaughlin to contest her husband's will. Mr. McLaughlin failed to file the will contest in a timely matter, and the contest was dismissed.
Ms. Bond sued Mr. McLaughlin for legal malpractice, arguing that his breach of duty caused her damage. Mr. McLaughlin conceded that he breached the applicable standard of care, but he argued that Ms. Bond could not prove that she would have received a favorable result if not for his negligence. The trial court agreed and granted summary judgment to Mr. McLaughlin. Ms. Bond appealed.
The Supreme Court of Alabama reverses, holding that Ms. Bond presented enough evidence that the result in the underlying proceeding would have been different to proceed at the summary judgment level. According to the court, Ms. Bond "was required to present 'substantial evidence' that the result of the underlying proceeding 'would' have been different, but she did not have to present undisputed evidence or definitely prove that the result of the underlying proceeding would have been different."
For the full text of this decision, go to: https://acis.alabama.gov/displaydocs.cfm?no=787555&event=4UU0M5KIM
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