While many think of trial law as a form of gambling, here is the real thing. Keno operator wants to break up a partnership and open his own gambling shop. Hires attorneys to do the transactional work, and gets bad advice. He wins $1.6 million, which is reduced to $229,000.
"The Nebraska Supreme Court soon will hear a two-sided appeal in a legal malpractice case involving a keno operator and the state’s second-largest law firm.
Richard T. Bellino wants the court to reinstate a jury verdict awarding him $1.6 million but District Judge Patricia Lamberty ruled that the trial evidence did not justify that amount and ordered McGrath, North, Mullin & Kratz to pay Bellino $229,000.
In a brief to the court, Bellino’s attorneys, David Domina and Claudia Stringfield wrote, "A jury verdict should be jealously guarded and maintained by our courts, and Nebraska law does not permit a district court to crown its view by underwriting a conclusion rightfully reached and supported by evidence, but not agreed to by the district court."
The law firm wants the high court to dismiss the case entirely. "
In a brief for the firm, attorneys John Douglas and David Blagg wrote, "An attorney who acts in good faith and with an honest belief that his or her actions are well founded in the law and in the best interest of his client, is not liable for malpractice even if he is mistaken."
Douglas and Blagg wrote that the trial court should have ruled that Bellino’s attorneys caused him no damages. "