(DOWNLOAD) "Mcgrane v. O Brien" by State of Wisconsin in Court of Appeals District II # Book PDF Kindle ePub Free
eBook details
- Title: Mcgrane v. O Brien
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 12, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1 This is a legal malpractice action. Dorothy McGrane hired Attorney John OBrien to represent her in converting an Eagle River resort she owned with her estranged husband into condominiums and facilitating the sales of two units. It is undisputed that OBrien satisfactorily performed this work. McGrane claims, however, that OBrien was nonetheless negligent because he knew the McGranes marriage at its end and therefore should have drafted a postnuptial agreement reclassifying the property as hers. She claims that the failure to do so caused her to obtain less in the later divorce. Her legal malpractice action fails on many fronts. First, OBrien was hired to do real estate work and nothing was said about a divorce, so there was no duty on OBriens part. Second, it is complete speculation that her estranged husband would even have signed such an agreement had it been drafted, so there is no causation. Also regarding causation, the law is that a person may repudiate a postnuptial agreement of this sort up to the divorce. Summary judgment was appropriately granted.