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Comparative Fault Attorney Malpractice

Yale v. Bowne (2017) 9 Cal.App.5th 649

This case arises from Attorney’s negligent preparation of an estate plan for Wife which effectively transmuted all of her separate property into community property, thus prejudicing her marital dissolution proceeding. Wife contended that her own negligence could not be used to diminish the duties of Attorney.  Held: An attorney defendant in a legal malpractice action is entitled to a jury instruction on comparative fault.