Schneider v. Richardson

• Decision Date: 31 December 1979
• Citation: 411 A.2d 656
• Parties: Audrey M. SCHNEIDER v. Harrison L. RICHARDSON and William B. Troubh, Individually and as Partners inthe Firm of Richardson, Hildreth, Tyler & Troubh, a Successor Partnership.
• Court: Maine Supreme Court

Page 656

411 A.2d 656

Audrey M. SCHNEIDER v. Harrison L. RICHARDSON and William B. Troubh, Individually and as Partners inthe Firm of Richardson, Hildreth, Tyler & Troubh, a Successor Partnership.

Supreme Judicial Court of Maine.

Dec. 31, 1979.

Lawrence P. Mahoney (orally), Portland, T. A. Fitanides, Biddeford, for plaintiff.

Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Ralph I. Lancaster, Jr. (orally), John J. O'Leary, Jr., Portland, for defendants.

Before POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

ARCHIBALD, Justice.

On March 2, 1972, Audrey Schneider was granted an uncontested divorce from Herman Schneider. The attorney ¹ who represented her in that proceeding also handled the property settlement and child custody agreement. The final divorce judgment adopted and incorporated this agreement. Both Mr. and Mrs. Schneider signed the "Settlement Agreement," and their signatures were witnessed by their respective attorneys. No appeal was taken from the divorce judgment.

Four years later Mrs. Schneider filed a negligence action against Attorney Troubh, his legal associates, and their firm, alleging that the defendants failed to apprise themselves fully as to the applicable law and to investigate adequately the financial status of Mr. Schneider prior to the divorce proceeding. These omissions, the complaint asserted, resulted in Mrs. Schneider's accepting a property settlement without being fully informed as to the facts and the alternatives available to her.

A justice of the Superior Court, on motion of the defendants and after extended argument, granted the defendants' request for a bifurcated trial pursuant to M.R.Civ.P. 42(b). The court proceeded on the theory that Mrs. Schneider must demonstrate, as a prerequisite to maintaining the action that, had the 1972 divorce been contested, she would have prevailed. In a non-jury hearing before the single justice, evidence adduced was limited to that preliminary issue, with the defendants' attorney representing Herman Schneider's ² position on that issue. The Superior Court Justice then ruled that Mrs. Schneider had failed to demonstrate her legal entitlement to a contested divorce, and he ordered judgment for the defendants without reaching the negligence aspect of the case. It is that procedure and the resultant judgment for the defendants which generated this appeal.

We sustain the appeal.

The issues on appeal may be separated. Preliminarily, the question is whether Mrs. Schneider's success in a contested divorce is a necessary prerequisite to maintenance of the negligence action and, in any event, whether counsel for the plaintiff had bound himself to try the case in this posture because of his alleged admissions before and during trial.

The next issue, which cannot be resolved until the above threshold questions are addressed, deals with the legal basis for upholding the presiding justice's conclusion that the plaintiff was not entitled to a contested divorce in 1972. In view of our resolution of the threshold issues, however, we need not reach this latter point.

We have held that

(b)y accepting the employment, (an attorney) impliedly agree(s) to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity commonly possess and exercise in the performance of the tasks which they undertake and (will subject) himself to liability to his client for negligence in rendering his professional services.

Sohn v. Bernstein, Me., 279 A.2d 529, 532 (1971).

Applying this doctrine in Maine Bonding & Casualty Co. v. Mahoney, Me., 392 A.2d 16, 19 (1978), we concluded that the failure to plead the relevant statute of limitations was not negligence since "(p)leading the statute was inappropriate to (the) facts and would have been no defense" and "could not be deemed legal negligence to fail to so plead since no damages could result."

Assuming negligent representation, a plaintiff must prove nevertheless that he could have been successful in the initial suit "absent the attorney's negligent omission to act." Sohn v. Bernstein, 279 A.2d at 532. This requirement is merely the assertion of the established principle that proof of proximate causation is necessary to the maintenance of a negligence action. Thus, mere negligence on the part of an attorney is not sufficient to impose liability if, for example, his client's claim is meritless or barred by the statute of limitations. Such negligence is considered "malpractice in a vacuum," since no damages could possibly flow therefrom. E. g., Niosi v. Aiello, 69 A.2d 57 (D.C.Mun.App.1949) (the plaintiff not legally entitled to recover under wrongful death statute since not within the definition of dependent); Vooth v. McEachen, 181 N.Y. 28, 73 N.E. 488 (1905) (settlement of claim without authority from client immaterial in light of insolvent nature of debtor).

The foregoing principles cannot be disputed. We do not agree, however, that they are dispositive on the facts of this case. Where the single justice erred was in requiring proof of success in a contested divorce prior to admitting any evidence on the issue of the negligent practice of law.

As between the Schneiders, the 1972 divorce action had been resolved by the issuance of a valid and final judgment from which no appeal had been taken.

No authority has been cited by either side which supports (or contradicts) the procedure followed by the justice below. The cases to which we are directed are clearly distinguishable on various grounds. Thus, Nioso v. Aiello, supra, for example, involved a meritless claim. Obviously, no damages could flow from the failure to prosecute such a case. Similarly, Wooddy v. Mudd, 258 Md. 234, 265 A.2d 458 (1970), involved the determination by the court that the plaintiff was not entitled to a divorce. Thus, the failure of the attorney to sue on the grounds of adultery could not cause any damages since the claim would not have been successful. Finally, cases involving the failure of an attorney to file suit prior to expiration of the statute of limitations also require success in the original suit in order to establish causation and damages.

In this case no such proof is necessary to eliminate any speculation that a divorce would be granted to Mrs. Schneider. In fact, a divorce was granted; whether it could have been as a contested matter becomes immaterial. All that was necessary for the plaintiff to prove was that a divorce judgment was entered on her complaint incorporating a property settlement, the quantum of which was the result of some negligent omission by the defendants. Whether Mrs. Schneider received appropriate legal advice when she signed the property agreement is the real issue in controversy.

Summary judgment was inappropriate in this context. Certainly, at least one question of fact remains unresolved, i. e., whether the defendants'...