Pomer

I. BACKGROUND

A. The Complaint

In February 2018, Pomer sued Temmerman and TCK, pleading causes of action for legal malpractice, fraud by concealment, breach of fiduciary duty, and dual representation. Pomer alleged the following in the complaint. Pomer’s mother, Frances Pomer,1 was co-trustee under the Sydney R. Pomer Revocable Trust Agreement, together with the Northern Trust Bank of Florida (Northern Trust), and the terms of the agreement gave Frances power of appointment. Frances was also settlor and trustee of a trust under the Frances Pomer 2000 Irrevocable Trust Agreement. On moving from Florida to California in 2005, Frances sought legal advice on matters including the selection of a new corporate trustee in California to replace Northern Trust. After Pomer and Frances jointly consulted Temmerman and TCK, Pomer signed a written fee agreement with TCK and Frances retained separate counsel. To Pomer, TCK recommended Borel Bank & Trust (now known as Boston Bank, the name we will use for consistency) as a successor corporate trustee, a recommendation Pomer conveyed to his mother, who then appointed Boston Bank as the new corporate trustee. Pomer alleged, however, that…