Brown v. Kelly – Case Brief Summary (Vermont)

In Brown v. Kelly, 140 Vt. 336, 437 A.2d 1103 (1981), the plaintiff tried to recover from his attorney after the attorney neglected to attach the assets of the plaintiff's broker against whom plaintiff had secured a judgment.

The negligence claim against the attorney arose when the plaintiff was unable to satisfy the judgment from the broker.

The Court held that plaintiff's recovery from the attorney was barred because "there was no evidence that the broker . . . owned any business or real estate assets with any net worth or value . . . that the attorney failed to discover or attach." Id. at 339, 437 A.2d at 1104.