Legal Malpractice

Suing Someone Elses' Attorney in Legal Malpractice

By (Andrew Lavoott Bluestone)

Privity is the term which describes the relationship between plaintiff and a specific attorney.  People are not permitted to sue attorneys, in legal malpractice, unless there has been a professional relationship between them.  While it may seem obvious in a general sense, the devil is, as always, in the details.  May an executror sue the attorney who drafted the will?   May a beneficiary sue the attorney who drafted decedent's will?  May the decedent''s wife? 

One exception arises when an attorney, not hired by the plaintiff, authors an opinion letter. Another exception is cited in a US District Court case in Florida.

Gunster Yoakley  had been sued by three non-US companies which allege that the law firm damaged them by not disclosing crucial information in a debt offering. As reported in  Law Com on 8/17/05, when Gunster represented E.S Bankest  plaintiffs allege that it failed non-clients.

This is interesting as an exception to the "privity" doctrine.

Full post as published by New York Attorney Malpractice Blog on November 03, 2008 (boomark / email).