North Dakota Supreme Court

Mitzel v. Vogel Law Firm

September 12, 20242024 ND 171

Summary

The court upheld dismissal of the sons’ legal-malpractice claims because they were not clients of the law firm, and the firm therefore owed them no duty giving rise to standing. It also upheld the damages measure used for the mother’s claim and concluded she presented no evidence that she surrendered marital property to secure the promised transfer of land to her sons. The court reversed the judgment as to corrective attorney’s fees and costs because billing records provided a sufficient factual basis for a jury to find that some fees resulted from the alleged malpractice, and it remanded for further proceedings on that issue.