Paul

The decedent, Gilbert Paul, retained Attorney Richard Patton to draft an amendment to his revocable living trust. The decedent signed the “Trust Amendment,” which, as drafted by Patton, named the decedent’s wife, Helen, and his children, Stephen Paul, David Paul, Alan Paul, and Nancy Dybdahl as beneficiaries. Stephen and David Paul also are the successor trustees of the trust. Following the decedent’s death, they petitioned the probate court to modify the Trust Amendment, alleging it failed to conform to the decedent’s intentions by erroneously granting Helen an interest in the decedent’s brokerage accounts and personal and real property. In connection with that probate court action, Patton admitted the Trust Amendment did not reflect the decedent’s intention that his brokerage accounts and personal and real property be divided among his children. Stephen and David settled the probate court action with Helen.

Subsequently, Stephen, David, Alan, and Nancy (the Pauls) filed the legal malpractice action that is the subject of this appeal against Patton. They alleged that Patton failed to exercise reasonable care in performing legal services for the decedent by failing to…