Attorney obtained a defense verdict in a legal malpractice action on behalf of an attorney who in the context of a marital property settlement, did not obtain permanent alimony for her former client (wife)

Attorney obtained a defense verdict in a legal malpractice action on behalf of an attorney who in the context of a marital property settlement, did not obtain permanent alimony for her former client (wife). The attorney was first successful in arguing that the issue of whether or not the attorney deviated from the standard of care in recommending a settlement without alimony should be decided by a court rather than a jury.  The court heard expert testimony from both sides and found that the attorney did not deviate from the standard of care.  The court further found that plaintiff/wife had made an informed and voluntary decision to accept the settlement, notwithstanding her claim that she failed to recall the advice of counsel in the context of settlement discussions, which followed recent treatments of shock therapy and attempted suicide.