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Torts keyed to Best
Bevan v. Fix
Facts
Steven Bevan (Plaintiff) hired William Fix (Defendant) as his lawyer to represent him on a criminal battery charge. Plaintiff was charged with criminal battery for acts against his girlfriend, Jenni Jones. With the help of Defendant’s representation, Plaintiff ended up taking a plea deal. After two years passed, Plaintiff married Jones; however, Jones ended up filing for divorce with the help of Defendant. Defendant subsequently withdrew from representing Jones due to their sexual relationship. After the divorce was finalized, Plaintiff filed a lawsuit against Defendant for legal malpractice. Defendant filed a motion for summary judgment, which the trial court granted after concluding that Defendant did not owe Plaintiff a duty of care because their attorney-client relationship ended years before Defendant represented Jones in the divorce proceeding. The trial court also found that Plaintiff did not present evidence of damages. As a result, Plaintiff appealed.
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