McDowell v. Burford

The plaintiffs, Doris Collins McDowell and her husband Roy McDowell, sued James F. Burford III and the law firm of Lamar, McDorman, and Moody, alleging legal malpractice in connection with Burford's representation of the McDowells in a fraud action against them. Burford and the firm moved for a summary judgment, supporting their motion with Burford's affidavit, wherein he stated that in representing the McDowells he had used the same care, skill, and diligence that other competent lawyers in the same locality would have exercised. The McDowells offered nothing in response to the affidavit,…