DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
JESSICA BAPTISTE, 
 
 
 
) 
 
 
 
 
 
 
 
) 
Plaintiff, 
 
 
)  
 
 
 
v. 
 
 
 
 
) 
 
 
 
 
 
 
 
 
)  
Civil Action No. 2013-0104 
LEE J. ROHN, INDIVIDUALLY AND 
 
)  
D/B/A LAW OFFICES OF LEE J. ROHN, 
)  
 
 
 
 
 
 
 
) 
 
 
 
Defendant. 
 
 
) 
__________________________________________) 
 
Attorneys: 
Andrew C. Simpson, Esq.,  
Emily Shoup, Esq., 
St. Croix, U.S.V.I. 
 
For Plaintiff 
 
Gordon C. Rhea, Esq., 
St. Thomas, U.S.V.I. 
Lee J. Rohn, Esq.,  
St. Croix, U.S.V.I. 
For Defendant 
 
ORDER 
 
UPON CONSIDERATION of the following three issues presented in this matter: (1) the 
adoption of the “case-within-a-case” doctrine as the standard for civil legal malpractice cases in 
the Virgin Islands; (2) the applicable burden of proof in a civil legal malpractice case brought in 
the Virgin Islands; and (3) the appropriate award of damages in a Virgin Islands civil legal 
malpractice action; and for the reasons stated in the accompanying Memorandum Opinion, filed 
contemporaneously herewith, it is hereby 
 
ORDERED that the Court will apply the “case-within-a-case” doctrine to this civil legal 
malpractice action; and it is further  
Case: 1:13-cv-00104-WAL-EAH   Document #: 137   Filed: 03/29/16   Page 1 of 2
2 
 
ORDERED that the Court will not depart from the usual burden of proof allocation in a 
civil legal malpractice action, and will therefore require Plaintiff to prove each of the four elements 
of a civil legal malpractice claim; and it is further  
ORDERED that the Court will not reduce any award of damages in this case by a 
contingency fee or any other costs associated with the underlying case. 
SO ORDERED. 
Date: March 29, 2016 
 
 
 
 
 
 
 
_______/s/_______ 
 
 
 
 
 
 
 
WILMA A. LEWIS 
 
 
 
 
 
 
Chief Judge 
Case: 1:13-cv-00104-WAL-EAH   Document #: 137   Filed: 03/29/16   Page 2 of 2