## Facts

- Sharon Long-Russell sued her former attorney, Robert A. Hampe, for legal malpractice arising from his representation in matters involving housing and domestic-relations disputes.
- Long-Russell alleged Hampe accepted roughly $9,500 in fees, performed no meaningful work, gave bad advice, pursued hopeless claims, failed to pursue stronger claims, and made promises of success he could not support.
- She claimed Hampe’s negligence contributed to her eviction from her residence and to adverse outcomes relating to custody or visitation with her children.
- She sought damages including compensation for emotional suffering.
- In the malpractice action, the district court certified questions to the Wyoming Supreme Court on whether emotional-suffering damages are recoverable for legal malpractice based on negligence.

## Issues

1. Whether emotional-suffering damages are recoverable in a negligence-based legal-malpractice claim alleging failure to assert divorce-related property claims or negligent advice leading to eviction.
2. Whether emotional-suffering damages are recoverable in a negligence-based legal-malpractice claim alleging incorrect legal advice concerning a child-visitation order.

## Decision

- The Wyoming Supreme Court answered both certified questions “in the negative.”
- Emotional-suffering damages are not recoverable in a legal-malpractice action premised on “mere negligence” of the type alleged (property/eviction matters and visitation advice).
- The court stated emotional-suffering damages may be available in legal-malpractice actions only in limited circumstances not present in the certified questions.

## Legal Principles

- In Wyoming, a plaintiff generally may not recover damages for emotional suffering in a legal-malpractice action that alleges only ordinary attorney negligence.
- Emotional-suffering damages in legal-malpractice cases are potentially available only under limited circumstances beyond mere negligence.
- The emotional character of domestic-relations disputes (including custody/visitation) does not, by itself, expand recoverable damages in negligence-based malpractice beyond the usual limits.

## Conclusion

The Wyoming Supreme Court clarified that emotional-suffering damages are unavailable for legal-malpractice claims grounded solely in ordinary negligence, including negligent handling of divorce-related property or eviction issues and negligent advice regarding child visitation, while leaving open the possibility of such damages in other limited, qualifying situations.


Long-Russell v. Hampe, 39 P.3d 1015 (Wyo. 2002)