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LEGAL BRIEF 3 - If so is he liable for the amount of the...

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LEGAL BRIEF OF CASE ____11.9_______ Case name, citation, and court: Traystman, Coric and Keramidas v. Daigle, 84 Conn.App. 843,855 A.2d 996 (2004) Summary of key facts: Andrew Daigle was getting a divorce and the firm representing him was Traystman, Coric and Keramidas. Scott McGowan was an attorney from the firm that handled his two-day trial. After the first day of the trial McGowan told Daigle to sign a promissory note for the amount of 26,973 for his services. McGowan threatened if Daigle didn’t sign the note he would withdraw from the case. Daigle then wanted another attorney Martin Kutchik to look over the note. McGowan promised he would send the note but urged Daigle to sign. Daigle feeling like there was no other option he signed the contract. Daigle didn’t pay and the firm filed a suit against Daigle. The Issue : Did Daigle sign the promissory note under duress?
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Unformatted text preview: If so is he liable for the amount of the promissory note for 26,973 because the attorney rendered his services for Daigle’s divorce? The Holding : The contract between Daigle and the law firm is unenforceable. Daigle had the option to either carry out the contract or to avoid the entire transaction. Daigle to chose to avoid the transaction and he is not liable for the amount of 26,973.00 on the grounds of duress. Summary of your reasoning: Daigle was forced into signing a contract because he needed the service of the law firm. After day one for the trial, because McGowan threatened to withdraw his services Daigle signed the note under duress. The attorney practically forced him into signing the note. If McGowan had Daigle sign the note a week in advance the firm might have a justifiable case against Daigle....
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