Smith v. Lewis

Opinion

MOSK, J.

Defendant Jerome R. Lewis, an attorney, appeals from a judgment entered upon a jury verdict for plaintiff Rosemary E. Smith in an action for legal malpractice. The action arises as a result of legal services rendered by defendant to plaintiff in a prior divorce proceeding. The gist of plaintiff’s complaint is that defendant negligently failed in the divorce action to assert her community interest in the retirement benefits of her husband.

Defendant principally contends, inter alia, that the law with regard to the characterization of retirement benefits was so unclear at the time…