Legal Malpractice Suit by Clergy Sex-abuse Victim Can Proceed

By Gina Passarella
Delaware Law Weekly
April 15, 2015

http://www.delawarelawweekly.com/id=1202723383603/Legal-Malpractice-Suit-by-Clergy-SexAbuse-Victim-Can-Proceed?mcode=1202615805106&slreturn=20150315013043

A sex-abuse victim's suit against his personal injury and trust and estate lawyers can proceed over the victim's allegations that his attorneys negligently created a trust to hold proceeds from a settlement with his abuser.

The plaintiff, who Delaware Law Weekly will not name under a policy of not identifying sexual abuse victims, sued his lawyers at Jacobs & Crumplar and the Neuberger Firm after his family-member trustees misused funds in his trust. He alleged the lawyers, who helped him secure the settlement with his sexual abuser, negligently created the trust and negligently selected the trustees.

The law firms and attorney defendants, who also included estate planning attorney Edward Luria, filed a motion to dismiss, arguing failure to state a claim and collateral estoppel given the Delaware Court of Chancery's prior ruling in a separate case that found the trustees violated their fiduciary duties.

In order to consider that prior Chancery Court action, Superior Court Judge Robert B. Young said he had to convert the motions to dismiss to summary judgment motions.