Spence Ex Rel. Estate of Spence v. Wingate

This is a legal malpractice action. The trial judge granted partial summary judgment to Respondents Kenneth B. Win-gate and his law firm, Sweeney Wingate & Barrow, finding they did not owe a fiduciary duty to Deborah Spence (Wife) concerning her late husband’s life insurance policy. Wife appeals. We affirm.

FACTS

Viewing the record in the light most favorable to Wife, we find the following: On August 18, 2001, Wingate commenced legal representation of Wife. The purpose of the representation was to negotiate an agreement on Wife’s behalf with the four sons of her husband, Congressman Floyd W.…