Third-party problems: with an erosion of client privity protection for lawyers, malpractice claims by nonclients are on the rise

Article Abstract:

Lawyers worried about a trend toward third-party liability and the erosion of privity fear that if it continues it will prevent them from representing, or even identifying, their clients. Traditionally the concept of privity bars malpractice lawsuits from people other than the lawyer's clients. With some courts finding loopholes, the American Law Institute is working on a Restatement of the Law Governing Lawyers. Critics say that only exacerbates the problem, but supporters say it clarifies the boundaries of the problem.

Laws, regulations and rules, Privity

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What's in the cards? Absent case law, counsel clients carefully to avoid a malpractice suit

Article Abstract:

A lawyer's potential malpractice liability for rendering an opinion on an unsettled point lf law is discussed. In this situation, jurisdictions tend to find judgmental immunity if the attorney performed reasonable research to find relevant legal principles and to reach an informed judgment.

United States

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