Smith v. Lewis
California Supreme Court
530 P.2d 589 (1975)
Relevant factsFree
Attorney Lewis (defendant), representing Rosemary Smith (plaintiff) in her divorce, advised her that her husband's military retirement benefits were not community property and made no claim for them, without researching readily available reference materials or case law establishing that pension rights earned during marriage generally are community property; a jury awarded Smith $100,000 in a subsequent malpractice suit.
IssueFree
Whether, in California, an attorney who fails to use such skill, prudence, and diligence as a lawyer of ordinary skill and capacity commonly possesses in the performance of a task is liable for legal malpractice.