Bailey v. Utah State Bar

STEWART, Justice:

Plaintiffs appeal from an order dismissing their case for failure to state a claim upon which relief can be granted. We affirm.

In March 1978, Ernest and Sharon Bailey retained attorney J. Richard Calder to represent them in bankruptcy proceedings. Calder neglected to list a $1,399 debt that arose from Mr. Bailey’s liability for an automobile accident. As a result, the debt was not discharged and Mr. Bailey was prevented from renewing his chauffeur’s license and working as a truck driver. From March 1979 until August 1983, the Baileys worked unsuccessfully with Calder to…