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Szurovy v. Olderman

Plaintiff could not show that her attorney could have negotiated a better divorce settlement absent evidence of her ex-husband's financial status, the value of the marital estate or the amount of alimony that she should have recovered.

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Rebecca Szurovy appeals the grant of summary judgment in her legal malpractice action against the attorneys who represented her in a divorce action: John Olderman, and the law firm of Davis, Matthews and Quigley, P. C. For the following reasons, we reject Szurovy’s arguments and affirm.

Szurovy filed a complaint against defendants for legal malpractice and breach of fiduciary duty, alleging that they negligently failed to negotiate an award of alimony for her and failed to preserve her right to seek future alimony from her former husband, Edward Szurovy. She claimed that as a result of defendants’ acts she is now barred from pursuing a modification action to seek alimony from Mr. Szurovy as a result of a change in his circumstances and financial wealth. Ms. Szurovy’s complaint included counts for negligence, breach of contract, and breach of fiduciary duty; she also set forth a claim for punitive damages and for various expenses of litigation. Contemporaneously with the complaint Szurvoy filed a lawyer’s affidavit which stated that defendants’ conduct in representing Ms. Szurovy constituted legal malpractice, specifically in their failure to preserve her rights to alimony and to provide her with the correct legal advice as to her right to seek future alimony.

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