(dissenting).
I respectfully dissent. I would hold the issue is preserved for our review, and that the circuit court judge erred in granting summary judgment on Wife’s breach of fiduciary duty claim.
Wife’s allegation that Wingate breached his fiduciary duty to her with regard to Spence’s congressional life insurance policy was based upon their prior attorney-client relationship. As the majority opinion notes, and as Wingate’s counsel *491conceded during oral argument, Wife’s only argument in opposition to Wingate’s motion for summary judgment on the breach of fiduciary claim was this prior attorney-client relationship. Inexplicably, and erroneously, the circuit court judge ruled that S.C.Code Ann. § 62-1-109 (Supp.2005) precluded Wife’s claim for breach of fiduciary duty, apparently believing that statute completely resolved Wife’s argument concerning the parties’ prior attorney-client relationship. In its order, the circuit court stated: “By statute, [Wingate] owed no duty or obligation to [Wife] with respect to the congressional life insurance policy or the manner in which it was paid.” Because the issue of Wingate’s prior representation of Wife was the only argument made by Wife in support of her claim for breach of fiduciary duty, and because the circuit court ruled on this issue, a Rule 59(e) motion was unnecessary. See Elam v. South Carolina Department of Transportation, 361 S.C. 9. 25, 602 S.E.2d 772, 780 (2004) (“Civil procedure and appellate rules should not be written or interpreted to create a trap for the unwary lawyer or party”); Hardaway Concrete Co. Inc. v. Hall Contracting Corp., 374 S.C. 216, 225, 647 S.E.2d 488, 493 (Ct.App.2007) (holding a Rule 59(e) motion unnecessary to preserve an argument for appeal where the issue was raised to, and ruled upon by the circuit court).
On the merits, I would hold that a genuine issue of material fact existed as to whether Wingate breached a fiduciary duty when he failed to advise or assist Wife with the life insurance policy. Accordingly, I believe the circuit court erred in ruling that, as a matter of law, no duty was owed.
“A fiduciary relationship is founded on the trust and confidence reposed by one person in the integrity and fidelity of another.” Moore v. Moore, 360 S.C. 241, 250, 599 S.E.2d 467, 472 (Ct.App.2004). “An attorney/client relationship is by nature a fiduciary one.” Hotz v. Minyard, 304 S.C. 225, 230, 403 S.E.2d 634, 637 (1991). “One standing in a fiduciary relationship with another is subject to liability to the other for harm resulting from a breach of duty imposed by the relation.” Smith v. Hastie, 367 S.C. 410, 417, 626 S.E.2d 13, 17 (Ct.App. 2005).
Here, it is undisputed that Wingate represented Wife while negotiating an agreement between her and Spence’s sons regarding Spence’s probate estate. During that representa*492tion, Wife alleges she informed Wingate of her status as sole beneficiary under her husband’s life insurance policy. Soon thereafter, Wife was told Wingate had become the attorney for her husband’s estate. However, Wife alleges that Wingate never severed their attorney-client relationship. Wife claims that when Wingate informed her he was going to be the attorney for her husband’s estate, he told her that she no longer needed a lawyer. At a subsequent family meeting, Wife claims Wingate suggested she give the sons the entire life insurance policy, despite his knowledge that Spence had designated her as the sole beneficiary. Upon hearing this suggestion, Wife alleges she asked Wingate “to put his hat back on as [her] attorney and help [her].” According to Wife, Wingate refused to assist her.
Based on these allegations, there is evidence to support Wife’s claim that a fiduciary relationship existed between her and Wingate, and that Wingate breached this fiduciary duty. Wingate had been her attorney, and in that capacity, she discussed with him her claim to Spence’s life insurance. Thereafter, Wife alleges Wingate began representing the estate without severing their attorney-client relationship, advised her not to obtain a new attorney, refused to counsel her on how to claim her benefits, and even suggested she give up all of her rights under the policy. While a jury may ultimately find Wingate committed no wrongdoing, I would hold the circuit court erred in making that determination as a matter of law.
Accepting Wife’s allegations as true, as we must when reviewing an order granting summary judgment, Wingate, as Wife’s attorney, owed her certain fiduciary duties. Hotz, 304 S.C. at 230, 403 S.E.2d at 637. These duties are distinct from any duties arising from Wingate’s representation of the estate. Therefore, I would hold the allegations by Wife are sufficient to present a genuine issue of material fact for the jury to determine whether Wingate’s conduct amounted to a breach of a fiduciary duty. See Id. (concluding summary judgment was improperly granted where evidence indicated a factual issue existed as to whether a fiduciary duty had been breached).2
Accordingly, I would REVERSE.
. I note that Wife's allegations also support damages caused by Win-gate's breach of fiduciary duty. Specifically, Wife claims that as a *493result of Wingate's breach, the insurance benefits were divided five ways among Wife and her husband’s four sons instead of being paid solely to her. Moreover, Wife claims that had Wingate not breached this fiduciary duty, and either helped her file a declaratory judgment or advised her to hire another lawyer, she would not have suffered these damages.