Fahey v. Cook

Summary

The court affirmed summary judgment dismissing the plaintiffs’ legal malpractice action. It held collateral estoppel did not apply because the malpractice issues were distinct from those litigated in the underlying case and the attorneys lacked privity and a fair opportunity to litigate those issues. Applying the governing probate and intestacy laws, the court concluded the Idaho property passed to the surviving spouse, the estate remained below the threshold for inheritance by the plaintiffs, and the alleged malpractice therefore could not have produced a more favorable result. The court also concluded the alleged failure to challenge the deed or pursue related claims did not proximately cause damages.