Texas Supreme Court June 26, 2009, 07-0697 (Paul H. Smith v. Thomas O'donnell, of the Estate of Corwin Denney)

Justice O’NEILL

delivered the opinion of the Court,

in which Chief Justice JEFFERSON, Justice BRISTER, Justice MEDINA, and Justice JOHNSON joined.

Thomas O’Donnell, as executor of the estate of Corwin Denney, sued Cox & Smith, Corwin’s attorneys, for legal malpractice, breach of fiduciary duty, and gross negligence/malice arising out of advice the attorneys gave Corwin while he was serving as