Tante v. Herring

453 S.E.2d 686 (1994)

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Nature of the Case

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Facts

Ps, husband, and wife, retained D to pursue a claim for social security disability benefits for W before the Social Security Administration. The administrative law judge issued a favorable award to W. D's subsequent request for attorney fees for his work in representing W, which request had been approved by both Ps, was approved by the administrative law judge. Ps then brought the present action against D for legal malpractice, breach of fiduciary duty and breach of contract. D had an adulterous relationship with W during the period in which he was pursuing the disability claim on her behalf. Ps alleged physical and mental harm to W by taking advantage of confidential information regarding her emotional and mental condition to convince her to have an affair with him. Ps alleged D violated the rules and standards of the State Bar of Georgia, violated his fiduciary duty, and breached his contract with Ps. The trial court granted partial summary judgment on the question of D's liability and denied summary judgment to D. The Court of Appeals affirmed. D appealed.