Bergal v. Roth

Dist. Ct. did not err in dismissing plaintiff’s legal malpractice action against defendants-her lawyer and others, even though plaintiff alleged that defendants duped her into disclaiming $1.5 million mutual fund account owned by her late husband. Late husband’s son had previously filed lawsuit against plaintiff that resulted in jury’s verdict that found that plaintiff had illegally obtained late husband’s assets, including instant mutual fund account, through undue influence. Dismissal of instant lawsuit was proper, where Indiana’s jury finding of undue influence showed that defendants’ advice for plaintiff to disclaim her illegally obtained interest in mutual fund account was neither negligent nor fraudulent, regardless of motive behind said advice. Also, plaintiff could not prevail, even if defendant attorney had wrongfully transferred mutual fund account to late husband’s son instead of late husband’s trust where mutual fund account had been originally held, since plaintiff had no right to said account.