Motes v. Johnson

David Newbern, Justice.

The appellee, John L. Johnson, is an attorney who represented the appellant, Elizabeth Henes Motes, and her now deceased sister, Helen Fay Henes, in the sale of certain business properties in 1982 and the subsequent creation of trusts. He prepared documents for an entity known as the “Motes/Henes Trust” and one known as the “Motes Children’s Trust.” Ms. Motes, the estate of Ms. Henes, and the beneficiaries of the children’s trust sued Mr. Johnson for malpractice, claiming that he breached his fiduciary duty to them by not disclosing personal habits and other conduct…