Case details

Law firm: Client refused to follow advice or pay fees

SUMMARY

$41553

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2013, plaintiff Colleen Sansone hired the law firm of Henderson Caverly & Pum LLP to represent her in her lawsuit contesting her late husband’s will, which disinherited her. The trial court ultimately found that there was no undue influence and that Sansone’s husband had the capacity to execute his will. As a result, Sansone appealed the judgment in 2016, but she later withdrew the appeal and settled the case. In 2017, Henderson Caverly & Pum attempted to negotiate payment of Sansone’s unpaid fees, but the attempts were unsuccessful. Sansone sued Henderson Caverly & Pum LLP, formally known as Henderson Caverly Pum & Charney LLP, alleging that the law firm’s actions constituted legal malpractice and a breach of fiduciary duty. Henderson Caverly & Pum filed a counterclaim against Sansone, seeking recovery of the unpaid attorney fees that Sansone allegedly owed the firm. Sansone claimed that when the firm represented her at trial, it breached its fiduciary duties and committed malpractice by not presenting a box of documents from the drafter of Sansone’s late husband’s will. Sansone alleged that the documents would have shown that her husband was unduly influenced and/or lacked the capacity to change his will. Representatives of Henderson Caverly & Pum claimed that some of the evidence in the box of documents was produced at trial through testimony and that the rest of the box’s contents would not have changed the outcome of the case. They also claimed that Sansone had over $80,000 in outstanding fees and that despite growing receivables before and during the appeal, the firm continued working for Sansone. In addition, they claimed that Sansone’s attorneys continually, and correctly, advised her that she was going to lose the will contest and that she should settle the case, but that Sanson refused to follow their advice., Sansone claimed that she suffered from emotional distress as a result of the events involving the law firm and that she needed counseling to treat her emotional distress. Sansone sought recovery of millions in monetary damages. Henderson Caverly & Pum, in its counterclaim, sought recovery of the unpaid attorney fees that it was owed from Sansone.
COURT
Superior Court of San Diego County, San Diego, CA

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