Professional Responsibility

Question 1

Rule for legal malpractice

Answer 1

A) Despite a lack of privity, drafters/scrivners of wills are subject to lawsuit by beneficiaries or heirs in the event they have committed legal malpractice

Question 2

Duty of care

Answer 2

i. Attorney owes a duty of care to intended beneficiaries, and intended beneficiaries are third-party beneficiaries with respect to the contract between attorney and testator.
ii. Intended beneficiaries have standing to sue for malpractice