Section 17 Presumption of Fraud

• Library: Remedies 2006

The existence of a fiduciary relationship can cause a presumption of fraud and support the remedy of rescission or cancellation. Courts have been reticent to find such a presumption. But a conveyance from a client to an attorney is considered to be presumptively fraudulent. The burden is on the attorney to show by clear and convincing evidence that the transaction was fair and equitable in every respect. Laspy v. Anderson, 361 S.W.2d 680, 682 (Mo. 1962); Flanagan v. DeLapp, 533 S.W.2d 592, 596 (Mo. banc...