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0686 A Probate Court order approving the settlement of a minor's claim and awarding a fee to the minor's attorney is not the result of an adversary proceeding and, therefore, is not res judicata in a subsequent action by the minor against the attorney based on an allegation that the attorney charged excessive fees; attorney malpractice may consist of self-dealing to the detriment of a client by charging an excessive fee.CitationSCHULTZ v HARNEY (MICRA Waiver) 27 CA4 1611 [See: B&PC 6146; ProbC 3600 etseq; Fineberg v Harney & Moore 207 CA3 1049; Estate of Charters 46 C2 227; Goddard v Security Title 14 C2 47]
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