Branham v. Stewart

Opinion of the Court by

Chief Justice MINTON.

I. INTRODUCTION.

The trial court dismissed this legal malpractice and breach of fiduciary duty case by granting summary judgment in favor of the defendant-attorney who argued that he owed no legal duty to a minor on whose behalf he had filed and settled a personal injury case. The defendant-attorney asserted that no attorney-client relationship existed between the minor and him because the minor’s next friend and statutory guardian retained him to pursue the minor’s tort claim. On discretionary review, we hold that an attorney pursuing a claim on…