Mirabito v. Liccardo case brief

Mirabito v. Liccardo case brief summary
(1992)

Case Facts:
-Liccardo was a lawyer who was a relative of Mirabito. 

-Liccardo advised Mirabito to enter into investment transactions in which Liccardo had an interest, without disclosing this interest to Mirabito, in violation of a rule of professional conduct. 

-The investments resulted in a loss of money.

Procedural History The lower court found Mirabito liable for the losses, and allowed evidence of the rules of professional conduct. Liccardo appeals.

Issue:
-Whether the rules of professional conduct, even though their violation does not directly give rise to a cause of action for malpractice, may nevertheless be used as relevant evidence in a malpractice case for establishing the standard of care required of a lawyer.

Holding: Yes.

Analysis:
-The rules of professional conduct governs the attorney’s duties to his client. 
- The violation of these rules may be used to establish the attorney’s liability even in the absence of expert testimony. 
-Although there is no independent cause of action for their violation, this case did not state such a cause of action, but rather stated a breach of fiduciary duty - which duty was measured by the rules. 
-Thus, a jury instruction based on the rules themselves is entirely appropriate.


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