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Nesvig v. Nesvig2/25/2004
onal services is that degree of skill, care, diligence, and knowledge commonly possessed and exercised by a reasonable, careful, and prudent lawyer in the practice of law in the state." Id. We have said that, generally, expert testimony is necessary to establish the standard of care and whether an attorney deviated from that standard of care. Id. If the attorney's conduct is so egregious and obvious that a layperson can evaluate the breach of duty, then there is an exception to the requirement of expert testimony. Id. "It is well established that an attorney is liable for all losses caused by his failure to follow with reasonable promptness and care the lawful instructions of his client." Olson v. Fraase, 421 N.W.2d 820, 829 (N.D. 1988).
[ ] It is based on this law that the case should be tried on remand. I, therefore, respectfully concur in the result.
[ ] Mary Muehlen Maring
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