This section contains the nature of the case and procedural background.

Father (P) hired D to represent him as defense counsel on a charge of criminal battery for family violence against his then-girlfriend Jenni Jones (Jones). D represented P, and the matter ended in a plea agreement. P and Jones married. Brittany and Steven are the couple's biological children. Brittany was born in August of 1991, Steven in April of 1994. In January of 1997, Jones, represented by D, filed a complaint for divorce from P. P was not consulted, nor did he consent to the representation. In 1997, D withdrew from representation of Jones because he had begun a sexual relationship with her. Ps sued D and D was granted summary judgment on all counts. P appealed the action for legal malpractice.

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