BEVAN V. FIX
42 P.3d 1013 (2002)
NATURE OF THE CASE: Bevan (Ps), two minor children and their father, sued Fix (D) on
sundry causes of action. Ps appealed a grant of summary judgment to D on all counts. The
Father (P) appealed the action for legal malpractice.
FACTS: Father (P) hired D to represent him as defense counsel on a charge of criminal
battery for family violence against his then girlfriend Jenni Jones (Jones). D represented P
and the matter ended in a plea agreement. P and Jones married. Brittany and Steven are the
couple's biological children. Brittany was born in August of 1991, Steven in April of 1994.
In January of 1997, Jones, represented by D, filed a complaint for divorce from P. P was not
consulted nor did he consent to the representation. In 1997, D withdrew from representation
of Jones because he had begun a sexual relationship with her. Ps sued D and D was granted
summary judgment on all counts. P appealed the action for legal malpractice.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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