Mark Easley Missouri Cases

Lara and Brian Fallon sued attorney Mark Easley for legal malpractice, alleging he failed to timely draft and secure the execution of an amendment to their mother's trust. The proposed amendment would have increased the Fallons' share of the trust. The trial court granted summary judgment for Easley, finding that the Fallons, as non-client prospective beneficiaries of an unexecuted testamentary document, could not bring a malpractice claim. The appellate court affirmed, holding that the Donahue privity exception does not extend to unexecuted testamentary instruments and that the Fallons could not prove proximate causation or damages without an executed document evidencing their mother's intent.