The elements of a legal malpractice action against an attorney for professional negligence are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of that duty. Fahey v. Cook, 2024 ND 138, ¶ 8 (quoting Mullin v. Pendlay, 2022 ND 205, ¶ 6, 982 N.W.2d 330).
[¶7] We review summary judgment decisions de novo to decide whether the information available to the district court was free of any genuine issues of material fact and whether the moving party was entitled to a judgment as a matter of law. Mullin v. Pendlay, 2022 ND 205, ¶ 5, 982 N.W.2d 330. "Summary judgment is appropriate against parties who fail to establish the existence of a factual dispute on an essential element of a claim."