Professional Negligence Law Reporter

Dan and Shannon Arends retained New Mexico attorney Angela Delorme-Gaines to handle their quest to obtain custody of Shannon’s grandchild, who was a Montana resident. The Arendses paid Delorme-Gaines $7,000 up front, and Dan agreed to provide an additional $3,000 in car repair services as part of the retainer. Delorme-Gaines told the Arendses that she was in constant contact with Montana officials and that she was preparing court filings, reports, and memorandums. The Arendses paid her an additional $5,000 but later learned that the attorney was subject to a disciplinary action from the state of New Mexico for, among other things, lying about her work history. The Arendses subsequently terminated Delorme-Gaines’s services via text message.

The Arendses sued Delorme-Gaines, alleging legal negligence, breach of contract, breach of fiduciary duty, deceit, unlawful sales, and conversion. The plaintiffs asserted that the defendant never told them that she was unable to handle Montana legal matters or that she had been disciplined previously.

The court awarded $79,900, including attorney fees and costs.

Citation: Arends v. Delorme-Gaines, No. 36-2021-CV-00343 (N.D. Dist. Ct. Ramsey Cnty. Dec. 1, 2022).

Plaintiff counsel: James A. Teigland, Fargo, N.D.