Professional Negligence Law Reporter

The Maine Supreme Court held that an attorney was liable for legal malpractice in his representation of a client in her divorce.

Attorney James Nadeau represented Wendy Reppucci in her divorce. The divorce judgment did not award Reppucci spousal support and required her to pay her husband a lump sum plus 5% annual interest for his equity in the marital home. Several years later, Reppucci sued Nadeau, alleging legal malpractice and breach of fiduciary duty. The plaintiff claimed that the defendant had failed to properly advise her on the availability of spousal support, advocate for such an award, and advise her of her eligibility to receive her husband’s military survivor benefits. A jury awarded the plaintiff approximately $91,100, and the court denied the defendant’s posttrial motions.

Affirming, the state high court found that to prove legal malpractice, a plaintiff must show that the defendant had breached a duty of care and that the breach proximately caused injury or loss. Citing case law, the court noted that to show proximate cause, a plaintiff must prove he or she would have achieved a more favorable result but for the defendant’s negligence. Here, the court said, the plaintiff was deprived of a more favorable result because of the defendant’s failure to present specific issues or because of his advice. The plaintiff proved her case within a case, establishing that but for the defendant’s deficient representation, she would have received a more favorable result compared to the judgment she received in her divorce trial. Accordingly, the court said, the trial court’s judgment had been proper.

Citation: Reppucci v. Nadeau, 2020 WL 5640272 (Me. Sept. 22, 2020).

Plaintiff counsel: Gene R. Libby and Keith P. Richard, both of Kennebunk, Maine.