Sarah Burns is suing her lawyer, Tom Lachey, for the return of property worth $20,000 that she had given him. She had signed a properly sealed document making the gift to him. She says she knew what she was signing but felt overwhelmed by his manner. It is up to Tom Lachey, under these circumstances to prove that he did not unduly influence Sarah Burns, if she simply alleges that he did.

Question

Quizplus · Accepted Answer

In cases of gifts between a client and their lawyer, where there is a potential for undue influence due to the inherent power imbalance in the relationship, the burden of proof shifts to the lawyer (Tom Lachey) to demonstrate that there was no undue influence exerted over the client (Sarah Burns). This is because the law recognizes the potential for abuse in situations where one party holds a position of trust or authority over the other.

Sarah Burns Is Suing Her Lawyer, Tom Lachey, for the Return