- 27 - Issue 1. Whether Portions of the $750,000 Settlement for Claims Against Eckell, Sparks Are Attributable to the Value of the Estate’s Claim for the Return of Attorney’s Fees That the Orphans’ Court Ordered Returned to Decedent’s Estate and/or Attributable to the Value of the Glovers’ Claims Against the Firm The administrators pro tem. and the Glovers filed a civil action against Eckell, Sparks, alleging that Eckell, Sparks (1) committed malpractice in connection with the drafting of decedent’s will and antenuptial agreement (count I), as well as while representing decedent’s estate (count III); (2) was liable for the attorney’s fees incurred by the Glovers in contesting decedent’s will (count II); (3) violated the RICO (count IV); and (4) was liable for punitive damages (count V). The lower court dismissed all counts either for lack of standing or for failure to allege sufficient facts to support these claims. On appeal, the superior court reversed and remanded the lower court’s dismissal of the predeath malpractice claim against Eckell, Sparks by the administrators pro tem. The superior court affirmed the order of the lower court in all other respects. On April 17, 2000, the Orphans’ Court, sua sponte, entered an opinion and decree ordering Eckell, Sparks to repay the $247,500 the law firm had received from decedent’s estate. The trial of the civil action brought by the administrators pro tem. against Eckell, Sparks commenced in April 2000. In early May 2000 the administrators pro tem., the Glovers, and Eckell, Sparks entered into a settlement whereby Eckell, Sparks agreed to pay $750,000 forPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011