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    Fiduciary duties of an attorney

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    Eugene H. Emmick hired L.S. Hamm, an attorney, to draft his will. The will named Robert Lucas and others (Lucas) as beneficiaries. When Emmick died, it was discovered that the will was improperly drafted, violated state law, and was therefore ineffective. Emmick's estate was transferred pursuant to the state's intestate laws. Lucas did not receive the $75,000 he would have otherwise received had the will been valid. Lucas sued Hamm for breach of the Emmick-Hamm contract to recover what he would have received under the will. Who wins?
    What matters is fiduciary duties of an attorney.
    [Lucas v. Hamm, 364 P.2d 685, 56 Cal 2d 583, 15 Cal. Rptr. 821 (CA 1961)]

    Please describe what the Issue, Rule, Application and what the conclusion would be.

    © BrainMass Inc. brainmass.com October 9, 2019, 6:34 pm ad1c9bdddf
    https://brainmass.com/law/familylaw/fiduciary-duties-of-an-attorney-91637

    Solution Preview

    ? Issue: Eugene H. Emmick hired L.S. Hamm, an attorney to draft his will. Robert Lucas would have received $75,000 from the estate of Emmick. The will was improperly drafted Lucas did not get anything. He sued L.S. Hamm for ...

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