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Mainor v. Nault11/22/2004
ore, that this court should order the appellants to forfeit the entire sum of $1,668,980 that the district court awarded to them for representing Jason's interests.
As Mainor and Harris counter, the law abhors a forfeiture. Furthermore, the Naults' complaint did not contain a cause of action seeking forfeiture of fees. The district court rejected the Naults' request for a jury instruction on forfeiture, but the Naults do not appeal the rejection of their instruction. Had they done so, the correct remedy by this court, in any event and assuming for a moment the correctness of the Naults' broader assertion, would have been a reversal and remand for a new trial with correct jury instructions, not a determination that they are entitled to forfeiture as a matter of law. Because the Naults fail to provide any supporting authority for the argument that this court may take judicial notice of the egregiousness of Mainor and Harris's conduct and order forfeiture of their attorney fees, this court need not address the Naults' argument.
CONCLUSION
Because we conclude that substantial evidence does not support the damages element of the legal malpractice claim, we reverse the district court's judgment.
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