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Preponderance Standard Applies in ‘Settle and Sue’ Case (1)

June 22, 2020, 7:53 PMUpdated: June 26, 2020, 11:10 PM

A California divorce attorney must face a jury’s conclusion that her negligence was a substantial factor in causing a client to miss out on financial assets in a divorce settlement, after a state appeals court rejected her claim that a higher burden of proof was required to prove legal certainty.

A trial court concluded attorney Leslie Jensen’s negligence led to client damages amounting to $300,000 in a divorce settlement.

In the underlying divorce case, Jensen allegedly failed to conduct a sufficient independent investigation, and her former client, Krista Masellis, was forced to enter into a marital settlement agreement which didn’t ...

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