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Legal Malpractice Success Story

Legal Malpractice--Plaintiff's Verdict
June 27 issue of the Herald

Trempealeau County Judge John Damon presided over the trial. Jurors began deliberating at 10:20 a.m. June 14 and returned a verdict at 2:20 p.m.

In reaching their verdict, the jurors were asked to determine if Beskar failed to act in good faith, "with utmost loyalty to the client" or with due care.

The case involved Beskar's representation of the Hupperts with respect to several real estate transactions involving the settling of the estate of Steve's mother, Donna Huppert.

According to the original complaint, in 1996 Donna Huppert wrote her will, instructing her property totaling 174 acres be divided in shares and the shares distributed to her survivors this way: 10 shares to Steve; eight shares to Randy; 3.5 shares to Todd; 2.5 shares each to Karen Maxwell, Renee Anderson and Roxann Brookshaw; and 1.5 shares to April Huppert-Greene.

From then until Donna died in May 2005, Steve operated the family's farm. After her death, according to the court file, Beskar represented Steve and Lois in attempting to buy shares from his siblings and in obtaining bank financing to buy those shares.

In a statement in the court file, Steve's lawyer, Patrick O'Neill, claimed that, if Beskar had consulted Steve and Lois before agreeing to Steve's brothers' proposal for the purchase of their shares, Steve and Lois would have rejected the proposal and would not have incurred an expense of more than $400,000 for those shares. Also, claimed O'Neill, if Beskar had consulted Steve about disbursing the money from the bank loan, Steve would have told him not to do that, particularly because the sale of real estate to a third party had not been closed.

If Beskar hadn't failed them, the Hupperts would not have incurred the debt to the bank and wouldn't have lost Steve's 40 percent share of the estate, and Steve would have been able to continue farming, claimed O'Neill.

Call 651-312-6500 Or 1-877-373-5501

Contact

Patrick H. O'Neill, Jr.
Now Practicing At Larson King
30 East Seventh Street, Suite 2800
Saint Paul, MN 55101
Phone: 651-312-6500
Toll Free: 877-373-5501
Fax: 651-312-6618
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Contact Patrick H. O'Neill, Jr.

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