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DRAKE v. WICKWIRE

Supreme Court of Alaska (1990) | 795 P.2d 195

4 min read

TL;DR: An attorney advised his client to break a real estate contract based on the buyer's ambiguous statements. The court found the attorney negligent as a matter of law for misapplying the doctrine of anticipatory repudiation, making expert testimony on the standard of care unnecessary.

Legal Significance: Establishes that an attorney's clear misapplication of a fundamental legal doctrine, such as anticipatory repudiation, can constitute negligence as a matter of law, creating an exception to the general requirement for expert testimony in legal malpractice claims.