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Unauthorized practice of law barred bequest

Article Abstract:

The Washington Court of Appeals in In re Estate of Marks should have applied the theory of undue influence and not unauthorized practice of law to analyze whether the will bequest to a religious organization was void. The testator's will was prepared with the aid of persons connected with the religious organization, under circumstances which the court found contained no evidence of fraud or bad faith. The court should not have expanded the possibility of will challenges beyond adequate traditional theories such as undue influence.

Washington, Cases, Unauthorized practice of law, Wills

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Strict privity rule adopted in Maryland

Article Abstract:

The Maryland Court of Appeals has not joined the trend in most states to modify or disregard the privity rule which denies standing to third parties to sue attorneys for malpractice in estate planning matters. The court in the consolidated case of Noble v. Bruce denied standing to nonclient testamentary beneficiaries who allegedly incurred increased taxes as a result of the testators' attorneys' malpractice. The court reasoned that potential conflicts of interest increased the need to retain the strict privity doctrine.

Legal services, Attorneys, Offices of Lawyers, States, Maryland, Ethical aspects, Privity

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Impact of S/L on legal malpractice

Article Abstract:

Rulings in SD and IL clarify the implications and significance of the legal-malpractice statutes of limitations recently passed in many states. The SD Supreme Court ruled in Green v Siegel, Barnett & Schutz that the 3-year limitation was valid and binding and did not violate an 'open courts' clause in the state constitution. An IL appellate court delved into that state's complex limitations statute and held that a shortened limitation applied due to injuries the plaintiff suffered after probate began.

United States, Limitation of actions, Statute of limitations

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