In a legal malpractice case, a plaintiff must usually present expert testimony regarding the standard of care and causation.
In Franklin-Murray Development Company, L.P. v. Shumacker Thompson, PC, No. M2015-01968-COA-R3-CV (Tenn. Ct. App. Aug. 18, 2017), plaintiff sued defendant attorneys who had represented plaintiff in litigation related to a commercial real estate deal. In the underlying matter, plaintiff had contracted with First American Trust Company (FATC) to purchase property in Williamson County, giving FATC $100,000 in earnest money. Another $100,000 in earnest money was due “on the first business day after the last day on which [plaintiff had] a right to terminate the contract.” Just before the scheduled closing date, plaintiff found out there was a federal estate tax lien on the property, and so the sale did not close. Plaintiff “did not terminate the agreement in accordance with the termination provision, nor did it seek a refund of the earnest money previously paid or pay FATC the additional $100,000 in earnest money. Rather, [plaintiff] contacted FATC regarding the possibility of setting a new closing date.” Negotiations eventually broke down between the parties, and FATC filed suit seeking a declaratory judgment that the lien did not prevent conveyance of good title and for $200,000 in liquidated damages.