Saturday, April 13, 2013

Mirabito v. Liccardo case brief

Mirabito v. Liccardo case brief summary

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.

-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.


-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.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?


No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...