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LeMaire v. Davis

An attorney-client relationship is a contractual relationship in which an attorney agrees to render professional services for a client, and the relationship may be established either expressly or impliedly from the conduct of the parties.

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In four issues, appellant Harry Lemaire challenges a take-nothing judgment in favor of appellees Don J. Davis, Golden Gate, Inc., NuCorp, Inc., Cage, Hill & Niehaus, L.L.P., Ronald R. Niehaus, Hal T. Thorne, and Thorne & Thorne, Inc. *fn1 In the suit, appellant sought to recover damages for various causes of action associated with the sale of his interest in a limited partnership. In the judgment, appellees Don J. Davis and NuCorp, Inc. were awarded attorney fees in the amount of $89,490. For reasons we later discuss, we affirm the judgment of the trial court.

In his issues, appellant argues the trial court erred in 1) submitting jury question no. 1 without an instruction on failure of consideration and without a definition of consideration, 2) submitting jury question no. 2 because it was redundant, confusing, and misstates the law with respect to the elements required to establish an attorney-client relationship, 3) failing to submit an attorney-client privity question to the jury regarding Ronald Niehaus and Cage, Hill & Niehaus and the limited partnership, and 4) denying appellant’s claims against Hal T. Thorne and Thorne & Thorne, Inc. seeking imposition of a constructive trust.

To understand appellant’s complaints in this appeal, it is necessary to recite the events leading up to the underlying lawsuit. Appellant and appellee Don Davis (Davis) had been involved in some business dealings with each other. In one instance, Davis assisted appellant in recovering a claim against MBank by introducing him to a lawyer with whom Davis had worked, appellee Ron Niehaus, and the law firm of Cage, Hill & Niehaus (jointly referred to as the Niehaus appellees). The Niehaus appellees later prepared wills for appellant and his wife.

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