Friday, November 22, 2013

Roach v. Mead case brief

Roach v. Mead case brief summary
722 P.2d 1229 (1986)


CASE SYNOPSIS
Petitioner law partner sought review of judgment in favor of respondent former client's claim for negligence and the Oregon Unlawful Trade Practice Act, Or. Rev. Stat. §§ 646.605-646.852 in the Multnomah County Circuit Court (Oregon).

CASE FACTS
The law partner sought review of judgment in favor of the former client in a suit for negligence and unfair trade practices. The law partner contended he was not vicariously liable for his partner's advice to the former client and the Unfair Trade Practices Act was inapplicable to him for purposes of attorney's fee award. The law partner argued he was not vicariously liable for his partner's negligent acts because they were outside the scope of partnership's business.

DISCUSSION

  • The court affirmed the judgment, determining that the Unfair Trade Practices Act was properly found inapplicable, and concluding that the law partner was vicariously for the partner's loan from his client. 
  • The court observed the law partner's failure to advise the former client of the legal consequences of the personal loan was in the ordinary course of partnership business because the former client could reasonably believe the loan and advice about it was undertaken as a part of the partnership's representation of him. 
  • The court noted a lawyer who borrowed money from a client who was not in the business of lending money should provide such client with advice of on the legal aspects of the transaction.
CONCLUSION
The court affirmed a negligence judgment against the law partner in favor of the former client. The court affirmed the judgment finding the Unfair Trade Practices Act was inapplicable to the former client's claim based on a personal loan to the law partner's partner.

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