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Queen v. Lambert

The jury was entitled to find that a confidential relationship existed between the parties, such that the plaintiff justifiably relied on the fact that the defendant, as her attorney, was acting in her best interest when he presented her with legal documents that he prepared for her signature.

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Leonard H. Queen appeals from the trial court order denying his motion for judgment notwithstanding the jury verdict in favor of Lisa J. Lambert, who sued Queen for fraud. Queen contends the verdict was contradictory, the trial court gave an erroneous jury charge, and the trial court erred in denying his motion for directed verdict. Finding no reversible error, we affirm.

Construing the evidence most favorably to Lambert,1 the record shows that Queen was Lambert’s attorney. Lambert sought his counsel in early 1996 when her mother, who had been diagnosed with Alzheimer’s disease, required nursing home care. Lambert feared the State would take the family home to pay for her mother’s care. Queen advised Lambert to transfer the property into her name by forging her deceased father’s signature to the deed and backdating it. Queen prepared the documents, instructed Lambert to sign, and had his wife, Linda Queen, notarize the signatures. Although Lambert knew she should not forge her father’s name, Queen explained that it “wasn’t really wrong” because she had no siblings to contest the transfer and her father had intended the house to pass to her eventually.

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