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Breach of fiduciary duty.(IN THE COURTS)

Business Torts Reporter

| May 01, 2006 | COPYRIGHT 2003 Aspen Publishers, Inc. (Hide copyright information)Copyright

Breach of fiduciary duty claim could be maintained against law firm as alternative to legal malpractice claim when existence of attorney-client relationship was disputed.

Both v. Frantz, 2006 WL 619040 (Ga. Ct. App., March 10, 2006). Louise and Karl Both were married in 1935 and moved to Switzerland. Because the Boths maintained bank accounts and owned real estate and other assets in the United States, they eventually required the services of an American attorney. To this end, the Boths retained defendant William Frantz and his law firm, Frantz, Sanders & Gratten, LLP, to provide tax work and other legal services.

During the mid-1990s, Karl Both's health began to deteriorate, and the Both's children met with Frantz to discuss the situation. Frantz and his law Firm prepared a codicil to Louise Both's will, removing Karl Both as executor and appointing the …

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