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CHOCKTOOT v. SMITH

571 P.2d 1255 (1977)

Clayton CHOCKTOOT, As Personal Representative of the Estate of Wesley Wendell Brown, Deceased, Respondent, v. Richard J. SMITH and Alan M. Lee, Individually, and As Co-Partners Doing Business As Smith & Lee, Appellants.

Supreme Court of Oregon, In Banc.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Howard K. Beebe, Klamath Falls, argued the cause and filed briefs for appellants.

Robert H. Grant, Medford, argued the cause for respondent. With him on the brief were Grant, Ferguson & Carter and Edward W. Grant, Medford.

LINDE, Justice.

Defendants, attorneys at law, appeal from a judgment in a malpractice action won by the personal representative of a decedent whom they had represented in an earlier proceeding. The case presents novel issues of procedure in legal malpractice litigation: Who, judge or jury, must decide whether an attorney's negligence harmed his client, and upon what evidence, when the negligence concerned an issue decided by a court rather than a jury?

The...

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