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Smith And Alay Analysis

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Informed judgement requires that the attorney have knowledge that the law is unsettled when they give their advice. In Smith and Aloy, neither of the attorneys knew the law was unsettled. However, in Davis, the attorney was also able to demonstrate that he had knowledge that the law was unsettled even though he did not tell his client it was. The court did not expect him to predict that there would be a significant shift in the law four years after the dissolution occurred.
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