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Family Law Keyed to Weisberg
Baldridge v. Lacks
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff retained defendant Lacks to represent her in the dissolution of her marriage to Kenneth Baldridge. Plaintiff testified that Lacks told her that Baldridge was attempting to prove his entire net worth was composed of non-marital assets because it was attributable to the original million dollars he had prior to the marriage. She testified Lacks advised her to settle because if Baldridge were successful, or if the postnuptial agreement was found valid, she could walk away with nothing. Lacks negotiated a settlement with Baldridge’s attorneys, then advised plaintiff that her options were to risk receiving nothing or to settle. Prior to a hearing for temporary support, Lacks allegedly informed plaintiff that Baldridge had offered one million dollars and a condominium in Florida, and that she should take the offer and run. A dissolution hearing was held during which an oral agreement was dictated into the record and plaintiff testified that she understood the property she would receive under the settlement was her share of the marital property and all she would receive. She also testified that she was aware Baldridge may have as much as fifteen million dollars in property and that she was waiving any rights to it. She further testified that she understood if the divorce proceeded to trial the court could give her substantially more. The court later found that the settlement agreement was not unconscionable and entered a decree of dissolution. In a later action for damages for legal malpractice, the trial court entered judgment for plaintiff in the amount of $6,84,926. An amended judgment remitted the amount to $2,424,966. Defendants appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
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