Pete Plaintiff hired Alice Attorney to represent him in a personal injury suit. Early in the case, Pete tells Alice that he will not settle for less than $100,000. One year later, as the parties are about to complete discovery, Alice confers with Olive Olafsen, who represents the Darlene Defendant. Olive offers to settle the case for $25,000. Alice then tries calling Pete, but is unable to reach him after five hours of trying. Alice returns Olive’s call and rejects the offer. The case proceeds to trial, and the jury awards Pete $150,000. If Pete sues Alice for malpractice, will Pete be successful?
