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Law, 12.02.2020 01:23 montamonta0204

An attorney represents a client in a divorce suit in which she seeks primary custody of her children. The client instructs the attorney not to use evidence of her spouses adultery. The attorney informs the client that evidence of adultery would be very helpful in gaining primary custody and avoiding joint custody. The client continues to insist that the attorney not introduce evidence of spouses adultery. If the attorney follows the clients instructions and the court denies the client primary custody and instead awards joint custody, can the client succeed in a legal malpractice action against the attorney?

a. Yes, because the attorney breached a duty to the client when the attorney failed to introduce evidence that would be helpful.
b. No, because the attorney followed the client's instructions.

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