Richard Jay Sohn v. Howard R. Foley

PERRY, J. Richard J. Sohn (Richard) filed an action against his former divorce attorney, Howard Foley (Foley), alleging that Foley
negligently advised him during property settlement negotiations. The district court granted summary judgment to Foley, finding
that the parties were in pari delicto and that the damages requested, which were based on a hypothetical trial of Sohn v.
Sohn, were too speculative. The district court ruled, therefore, that if the action against Foley were to go to trial, the
damages were limited to the economic losses directly attributable to the loss of an insurance policy of which Richard contends
he would have obtained ownership, but for Foley's malpractice. Richard appeals the granting of the summary judgment. We reverse
the judgment entered by the district court.