Sunday, April 14, 2013

Tante v. Herring case brief

Tante v. Herring case brief summary
264 Ga. 694, 453 S.E.2d 686 (1994)

CASE SYNOPSIS:
Appellant attorney sought review of decision of the Court of Appeals of Georgia, which affirmed the grant of summary judgment on liability for appellee clients in their action for legal malpractice and breach of fiduciary duty as a result of appellant's sexual relation with one appellee.

OVERVIEW: Appellant attorney successfully represented appellee clients, a husband and wife, in a claim for Social Security Disability Insurance benefits. During the representation he had a sexual relation with the wife. Appellees brought action for malpractice and breach of fiduciary duty. The trial court granted summary judgment on liability for appellees, and the lower appellate court affirmed. Appellant sought review. The court reversed the judgment on the malpractice claim and affirmed on the fiduciary duty claim.

HOLDING:
The court held that, because appellees won the Social Security claim, appellant was not liable for legal malpractice.

ANALYSIS:
However, having misused confidential information in the course of seduction, appellant was liable for breaching his fiduciary duty, and the court remanded for determination of damages.

OUTCOME: The court reversed the grant of summary judgment on appellee clients' legal malpractice claim, but affirmed on the claim of breach of fiduciary duty and remanded for determination of damages. Appellant attorney was not liable for malpractice because his representation was successful.

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