In Smith v. Hastie, the court of appeals reverses a grant of summary judgment for the attorney in a malpractice action. The case concerned the attorney setting up a partnership for husband and wife, and the results of the partnership on the equitable distribution. The wife alleged that at no time during the meetings did the attorney advise her about the potential loss of her right to claim the assets in the partnership or the income from these assets in the event of a divorce. In fact, she specifically asked the attorney on two occasions how she would be affected in case of a divorce and the attorney told her both times she would be just fine.
Based on these facts and a supporting affidavit from an expert, the court held that the trial court erred in granting the attorney summary judgment on the negligence claim.