Paul H. Smith v. Thomas O'donnell, of the Estate of Corwin Denney

in which Chief Justice JEFFERSON, Justice BRISTER, Justice MEDINA, and Justice JOHNSON joined.

Thomas O’Donnell, as executor of the estate of Corwin Denney, sued Cox & Smith, Corwin’s attorneys, for legal malpractice, breach of fiduciary duty, and gross negligence/malice arising out of advice the attorneys gave Corwin while he was serving as executor of his wife’s estate. The trial court granted summary judgment for the attorneys on all claims. The court of appeals reversed the summary judgment on the legal malpractice claim based on our holding in Belt v. Oppenheimer, Blend, Harrison & Tate,…