Attorneys – Fiduciary Duty – Question of Law – Breach – Question of Fact – Former Client – Trusts & Estates – Life Insurance (access required)

Spence v. Wingate Although the existence of a fiduciary duty is a question of law for the court, our Court of Appeals was correct that there is a genuine issue of material fact as to whether the defendant-attorney breached his fiduciary duty to his former client. We modify and affirm the Court of Appeals’ decision, which reversed the circuit court’s grant of partial summary judgment for the defendant-attorney.

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South Carolina Lawyers Weekly

Attorneys – Fiduciary Duty – Question of Law – Breach – Question of Fact – Former Client – Trusts & Estates – Life Insurance

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