Stine

I. INTRODUCTION

Joanne Holman Stine (Stine), the conservator of Donna L. Davis (Donna), brought this malpractice action against Monica Dell’Osso and Burnham Brown, APC (Attorneys), for alleged dereliction in representing the prior conservator, David B. Davis III (David). David is Donna’s son, and was removed as conservator after allegedly misappropriating over one million dollars in assets from the conservatorship estate. The trial court sustained the Attorneys’ demurrer to the complaint without leave to amend on two grounds: (1) the Attorneys’ attorney-client relationship was with David, not Stine, and therefore the Attorneys owed no duty of care to Stine, and (2) Stine, as successor trustee, is subject to any defense that can be interposed against David and David’s malfeasance, therefore, bars Stine from asserting a malpractice claim against the Attorneys under the doctrine of unclean hands. We reverse, concluding Stine, as the successor trustee, may pursue a malpractice claim against the Attorneys and she is not burdened by David’s malfeasance.

II. PROCEDURAL AND FACTUAL BACKGROUND

Because this appeal is from a judgment following the sustaining of a demurrer without leave to…