Gene Libby and Keith Richard win Law Court appeal defending malpractice verdict

Attorneys Gene Libby and Keith Richard recently prevailed in an appeal before the Maine Supreme Judicial Court, sitting as the Law Court.  The appeal was briefed and argued by Attorney Richard and this represents his first win at the Court.  The appeal was from a 2018 jury verdict in their client’s favor on claims for legal malpractice arising out of a negligently handled divorce.  The judgment exceeds $120,000, including costs and pre-judgment and post-judgment interest.

The decision should be read closely by attorneys that handle professional liability matters, as well as family law practitioners.  The underlying case speaks to the standard of care for attorneys that represent clients in divorce and family matters.  For plaintiffs’ lawyers and the insurance defense bar, this decision represents the most recent and authoritative pronouncement of the law of legal malpractice, specifically the element of proximate cause.  Although recent decisions from the Court had affirmed summary judgments entered in favor of attorneys on causation grounds, this marks one of the first legal malpractice cases upheld by the Court in years.

Gene R. Libby

Gene R. Libby
Partner

Gene has a rich history of litigation experience over the last 30 years. He has tried over 100 civil and criminal jury cases to verdict. His practice focuses on a wide variety of civil and criminal litigation representing individuals and small businesses, including divorce, real estate disputes, small business litigation, elder law, personal injury, professional… Read more »

Keith P. Richard - Attorney

Keith P. Richard
Associate

Keith Richard is an associate attorney admitted in Maine and Massachusetts. Keith represents clients across a range of practice areas, including but not limited to real estate, probate, family law, municipal and land use law, employment law, personal injury, criminal defense, and business law.   He has second-chaired civil jury trials to successful verdicts and argued… Read more »