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: Legal Pad | LA

Jury says "bitter family dispute" does not encompass retired Orrick partner

By Richard Binder

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A San Francisco jury rejected a $17 million legal malpractice claim against Orrick Herrington & Sutcliffe in an eight-year-old dispute claiming breach of fiduciary duty by retired trusts and estates partner William Hoisington.

The verdict on Tuesday came following a six-week trial and two days of deliberation in Benesch v. Tandler, No. 317187 (San Francisco Co., Calif., Super. Ct.). Plaintiff Fritzi Benesch, the founder of clothing company Fritzi California, claimed Hoisington didn?t make it clear she was giving up control of her company to her daughter and son-in-law.

Jurors did find that Hoisington failed his obligation to his client by breaching a fiduciary obligation, but that it was not a substantial factor in harm to the client. Hoisington spent more than 30 years as a trusts and estates attorney in the San Francisco office of Orrick prior to his retirement.

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Full post as published by Legal Pad | LA on December 11, 2008 (boomark / email).

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