North Carolina: Lawyer Charge with Professional Negligence

In Drake v. Hance, (N.C. Court of Appeals. 2009), the North Carolina Court of Appeals found the lawyer breached his duty of care to the plaintiff and caused proximate damages.
Plaintiff’s owned two lots, 3301 Chancellor Drive in Monroe County, North Carolina (Lot 15) and a vacant lot across the street, Lot 11. Hance contracted to purchases the vacant lot owned by the plaintiffs. The defendant served as an attorney to transfer the deed and close the sale. An error was made in the legal description of the transferred property. The description of the deed included both lots and a purchase prices for only one of them. A reformation was sought by plaintiffs to delete Lot 11 from the recorded deed. Hance appealed to the court and the decision to reform the deed stood. Plaintiffs are attempting to recover damages from the defendant with allegations of professional negligence.
The North Carolina Court of Appeals reversed and remanded the decision of the lower court because the plaintiff’s signing of the deed does not constitute contributory negligence on their part. In a negligence action, summary judgment is proper if evidence fails to establish negligence on the defendant’s part, contributory negligence on the plaintiff’s part, or the alleged negligent conduct was not the proximate cause of the injury. Cornelius, 120 N.C. App. 175-76, 461 S.E.2d at 340.
This case teaches the importance of the duty that a lawyer owes to his or her clients. When an “attorney-client relationship exists between the parties, a fiduciary duty to render professional services in a skillful and prudent manner. See also Cornelius v. Helms, 120 N.C. App. 172, 175, 461 S.E.2d 338, 340(1995). In addition, the N.C. Rules of Prof. Conduct 1.3 states, “A lawyer shall act with reasonable diligence and promptness in representing a client.”