Legal Opinion · Dissent

Vallinoto v. DiSandro

Supreme Court of Rhode Island

Decided February 11, 1997No. 93-379-AppealPublished

1DissentFlanders, Justice

I respectfully dissent because I believe that the defendant Edmond A. DiSandro’s sexual depredation of the plaintiff while serving as her divorce attorney constituted a flagrant breach of the fiduciary duties he owed to his client and that this breach constituted legal malpractice. When, as here, a lawyer handling a divorce for a client enters into a sexual relationship with that client, I believe that lawyer has committed legal malpractice, regardless of the legal results obtained and how well the lawyer has performed the necessary legal services.7 Such *844misconduct is “a wrong that is…

2Cases cited73 opinions

  1. Agis v. Howard Johnson Co.Massachusetts Supreme Judicial Court · 1976
  2. Wagenmann v. AdamsCourt of Appeals for the First Circuit · 1987
  3. Fishman v. BrooksMassachusetts Supreme Judicial Court · 1986
  4. Moore v. Ready Mixed Concrete CompanySupreme Court of Missouri · 1959
  5. Solomon v. AbermanSupreme Court of Connecticut · 1985

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