Olfe v. Gordon
Supreme Court of Wisconsin
286 N.W.2d 573 (1980)
Olfe (plaintiff) instructed her attorney Gordon (defendant) that she would accept only a first-mortgage interest in a real estate sale, not a subordinate one, but Gordon negotiated a contract including a second mortgage and misrepresented its terms so Olfe believed she held a first mortgage; when the buyer defaulted, the actual first-mortgage holder foreclosed, costing Olfe over $25,000. Olfe sued Gordon for malpractice, but the trial court dismissed the claim for lack of expert testimony establishing the standard of care, and Olfe appealed.
Whether expert testimony is necessary to establish that an attorney violated the required standard of care where the claim is that the attorney negligently or intentionally disregarded the client's clear instructions.