Rothman v. Fillette

OPINION

NIX, Justice.

We are here called upon to resolve the difficult problem of who must bear the burden of loss between innocent parties where the attorney for one of the parties has acted beyond the scope of his authority and has misappropriated funds. This appeal reflects the wake of hardship that *263follows from an attorney’s failure to meet the standard of trust required of his office. Mindful of the adage that hard cases make bad law, we are constrained to conclude that the innocent client must bear the brunt of his counsel’s errant behavior.

I

Appellee, Philip Rothman, was involved in an…