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Respond to this text In Miletic v. O'Brien, the malpractice allegation was O'Brien's breach of duty of care by failing to obtain monthly spousal support
Respond to this text In Miletic v. O'Brien, the malpractice allegation was O'Brien's breach of duty of care by failing to obtain monthly spousal support payments from the ex-spouse and conduct discovery properly. The court ruled that Miletic did not have enough proof and no professional opinion to have a malpractice case. Miletic agreed with the original divorce agreement terms and only sued for malpractice after a terms agreement existed. When Miletic tried to appeal and argue that the malpractice was common knowledge and there was no need for a professional opinion, it did not make sense because if that were the case, then reasonably, Miletic would not have agreed to the terms initially. I think the attorney should have done more discovery so that the client could have had more benefits and a larger settlement, but if both sides agreed with the terms, then I understand why an attorney would not want to look any further into the case. Doing more research could have prolonged the case more than necessary when the main goal is a swift and satisfying solution, which Miletic initially agreed with. Because there was a resolution to the case, I agree with the court's ruling, and I think the attorney handled the case competently. If there was no resolution and the client lost or failed to gain any compensation, then I would see how Miletic could have had a case for malpractice. I think that Miletic could have potentially received more compensation, but I believe that the attorney
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