Bevan v. Fix

Attorney William Fix (defendant) represented Steven Bevan (plaintiff) on a criminal charge of committing domestic violence against Bevan’s then-girlfriend Jenni Jones. Two years later, Bevan and Jones were married. Bevan and Jones shared two children, Brittany and Steven. Jones later filed for divorce from Bevan. Initially, Fix represented Jones in the divorce, but he later withdrew as her attorney because he had begun a sexual relationship with her. After the divorce was finalized, Fix invited Jones, Brittany, Steven, and two babysitters to spend the night at his house. During the night, Fix assaulted Jones, choking and beating her severely. According to Jones, Steven, Brittany, and the babysitters saw part of the assault. Brittany’s later testimony made it unclear what she saw, but she clearly heard the assault. After the incident, both children exhibited behavioral issues and were diagnosed as being in significant distress with psychological disorders. Bevan sued Fix. The lawsuit included an intentional-infliction-of-emotional-distress (IIED) claim on the children’s behalf, based on Fix’s assault of Jones. Bevan also brought his own legal-malpractice claim, arguing that Fix had committed malpractice by representing Jones in a divorce against Bevan, his former client. The trial court granted summary judgment for Fix on both claims, ruling that (1) a single incident of domestic violence could not be extreme and outrageous enough for an IIED claim, (2) Fix had not owed Bevan any duties after the criminal matter ended, and (3) Bevan had not identified any damages caused by Fix’s alleged legal malpractice. Bevan appealed.