Legal Opinion

Leak-Gilbert v. Fahle

Supreme Court of Oklahoma

Decided July 16, 2002No. 97,540PublishedCited by 13 opinions

1Opinion of the Court

KAUGER, J:

' 1 We are asked to answer two questions: 1) whether, in the absence of a specific request by the client, an attorney owes a duty to the client or to the beneficiaries named in the client's will to conduct an investigation into the client's heirs independent of, or in addition to, the information provided by the client; and 2) whether the residual beneficiaries under a decedent's will have a cause of action for legal malpractice against the attorney who drafted the will under a theory of negligence or breach of contract when the will fails to identify all the decedent's heirs? We…

2Cases cited65 opinions

  1. Lucas v. HammCalifornia Supreme Court · 1961
  2. Guy v. LiederbachSupreme Court of Pennsylvania · 1983
  3. Miller v. MooneyMassachusetts Supreme Judicial Court · 2000
  4. Barcelo v. ElliottTexas Supreme Court · 1996
  5. Ogle v. FuitenIllinois Supreme Court · 1984

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3Cited by13 opinions

  1. Finnell v. SeismicSupreme Court of Oklahoma · 2003
  2. Jennings v. BadgettSupreme Court of Oklahoma · 2010
  3. Baker v. Wood, Ris & Hames, Professional Corp.Supreme Court of Colorado · 2016
  4. Thorsen v. Richmond Soc'y for the Prevention of Cruelty to AnimalsSupreme Court of Virginia · 2016
  5. BEYRER v. THE MULESupreme Court of Oklahoma · 2021

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