Hotz v. Minyard

Attorney Dobson (defendant) drafted a will for Mr. Minyard leaving one dealership to son Tommy and splitting the remaining estate equally between Tommy and a trust for daughter Judy (plaintiff), then drafted a second will at Mr. Minyard's direction giving Tommy the first dealership's real estate too, with instructions not to disclose the second will's existence to Judy. Dobson's firm separately represented Judy on her own tax returns, her own will, and prior business disputes, and when Judy discussed her father's will with Dobson, he let her believe the (now-revoked) first will was still operative, leading her to believe she'd inherit equally with Tommy; after Mr. Minyard later cut Judy out entirely, Judy dropped a planned lawsuit and her attorneys in exchange for a promise of reinstatement, believing this meant restoration under the terms she thought were still in effect. Judy sued Dobson for breach of fiduciary duty over his misrepresentation of the first will's status, and the trial court granted Dobson summary judgment, reasoning he owed her no duty since he was acting as her father's attorney during those discussions.