Horst

FACTS AND PROCEDURAL BACKGROUND

Respondent Lowthorp Richards McMillan Miller & Templeman (the Law Firm) represented Anna1 in her divorce proceedings. Ronald Horst, Anna’s father, executed an

1 Due to the shared Horst surname, we use first names for clarity. No disrespect is intended. “Agreement for Legal Services” (the agreement) in 2014. Ronald agreed to retain the Law Firm and pay fees for their representation. In September 2017, Anna terminated her relationship with the Law Firm and obtained new counsel. Ronald passed away in 2019. In 2022, and as Ronald’s successor in interest, Anna filed a lawsuit against the Law Firm seeking a rescission of contract due to mutual mistake. Anna alleged Ronald and the Law Firm mistakenly entered into a legal services agreement, rather than a third-party guarantor agreement, and sought the Law Firm’s return of the money Ronald paid to them. Anna alleged the Law Firm sent Ronald the final billing invoice on October 19, 2017, and that Ronald made his final payment in December 2017. The Law Firm demurred to the operative amended complaint. In sustaining the demurrer without leave to amend, the trial court concluded Anna’s complaint was barred by…