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The facts giving rise to this order are undisputed and readily established by the record. Plaintiff brought suit against defendant, his ex-wife, for a so-called "Murphy" (Murphy v. Financial Development Corp., 126 NH 536 (1985)) claim after defendant foreclosed on a mortgage which she held on the marital homestead to secure payment of her interest therein. Attorney Tony F. Soltani represented the defendant at all material times and was solely responsible for conducting the foreclosure sale. Following trial, the jury found that the defendant had breached not merely her duty of due diligence but also her duty of good faith to the plaintiff in her conduct of the foreclosure sale and awarded damages based on the "fair market value" of the residence as of the date of the foreclosure. During deliberations, the jury specifically asked whether the defendant was responsible for the actions of her attorney in the conduct of the sale which question was answered in the affirmative.