LeTourneau v. Law Offices of Richard Lester

No. 128,132 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MARK LETOURNEAU and DEBORAH LETOURNEAU, Appellees, v. LAW OFFICES OF RICHARD M. LESTER, RICHARD M. LESTER, and MICHAEL K. DEKRUIF, Appellants. SYLLABUS BY THE COURT 1. In a legal malpractice action, to prove what is commonly referred to as a "case within a case," the plaintiff must present the underlying case as it would have been presented to a judge or jury and the fact-finder must make a determination solely on the evidence presented regarding that underlying case. This can be done by bifurcating the two parts of the legal…