ILNews

High court rules on client-attorney relationship

Jennifer Nelson
January 1, 2007
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The Indiana Supreme Court today ruled on a case involving an attorney-client relationship, overturning the trial court's grant of summary judgment in favor of the attorney.

In Ronald D. Liggett, d/b/a Liggett Construction Company v. Dean A. and Elisabeth Young, No. 38S0-0703-CV-80, Liggett appealed the trial court ruling in a contract dispute with the Youngs. At the time the Youngs hired Liggett to build their home, Dean Young worked as attorney for Liggett on an unrelated matter.

Liggett initiated a third-party complaint against the Youngs when a supplier of bricks and materials sued Liggett. In turn, the Youngs brought a counterclaim against Liggett seeking damages for allegedly negligent and untimely completion of work under the building contract.

The trial court granted summary judgment in favor of the Youngs.

At a later hearing initiated by Liggett, the trial court considered a motion to reconsider the previous ruling. This time, the trial court didn't address the fact Young acted as Liggett's attorney during the drafting of the contract. Dean Young had made some changes to the contract, which was allowed as long as an attorney did the work.

The court affirmed the previous order, as did the Court of Appeals.

At issue is whether Dean Young violated Professional Conduct Rule 1.8 and the Preamble of the Indiana Rules of Professional Conduct by hiring Liggett as his homebuilder and making changes to the standard contract.

The evidence from the trial court doesn't show that Dean Young's transaction with Liggett was fair and honest or was a standard commercial transaction, as is required under Prof. Con. R. 1.8, wrote Justice Brent Dickson. Liggett asserted that Rule 1.8(a) rendered the contract void because Dean Young served as his attorney at the time the contract was entered into.

Of significance in this case, Justice Dickson wrote, is that Liggett's claims against the Youngs are for materials and labor not included in the original base contract but were from additional items Liggett claimed were performed at the Youngs' request. Dean Young inserted language into the contract that allowed changes to be made.

The Supreme Court concluded the evidence on the Youngs' motion for partial summary judgment did not affirmatively establish an absence of an issue of material fact that the building contract transaction was fair and honest. Also, there was nothing to show the transaction should, as a matter of law, be treated as a standard commercial transaction to which common law presumption did not apply.

The Youngs are not entitled to summary judgment on their claims or Liggett's claims against them. The court remanded the matter to the trial court to resolve the remaining claims of both parties.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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