Pete Plaintiff hired Alice Attorney to represent him in a personal injury suit. Early in the case, Pete tells Alice that he will not settle for less than $100,000. One year later, as the parties are about to complete discovery, Alice confers with Olive Olafsen, who represents the Darlene Defendant. Olive offers to settle the case for $25,000. Alice then tries calling Pete, but is unable to reach him after five hours of trying. Alice returns Olive's call and rejects the offer. The case proceeds to trial, and the jury awards Pete $150,000. If Pete sues Alice for malpractice, will Pete be successful?

Question

Quizplus · Accepted Answer

No, because the jury awarded Pete an amount that was larger than the settlement offer. A professional malpractice claim is a type of negligence claim, and the plaintiff must prove all the same elements of negligence. Answer C is the best choice because the jury award that was much higher than the settlement offer, so Pete cannot prove any damages. Answer D is not the best choice because Pete's statement does not change Alice's obligation to convey the settlement offer-especially considering the length of time between the statement and the offer.

Pete Plaintiff Hired Alice Attorney to Represent Him in a Personal