Mr. and Mrs. Herring (plaintiffs) filed suit against attorney Tante (defendant) on claims including legal malpractice, breach of contract, and breach of fiduciary duty. Tante had represented Mrs. Herring in administrative proceedings before the Social Security Administration and obtained successful results, including an award of attorney fees ratified by Mrs. Herring and her husband. In the subsequent lawsuit, the Herrings alleged that Tante caused physical and emotional injury to Mrs. Herring by using confidential information about her mental state gleaned from medical reports to coax Mrs. Herring into an adulterous relationship. The trial court and the court of appeals upheld the validity of the Herrings’ claims for breach of fiduciary duty. Tante petitioned the state supreme court for review.