Legal Malpractice

Another Example of Estate Legal Malpractice Privity

By (Andrew Lavoott Bluestone)

Legal malpractice in the estate and probate areas is limited by the concept of privity.  Errors in the preparation or wills, and mistakes in the handling of probate proceedings are often precluded on one of two bases.  The first is that a beneficiary may not sue for malpractice to the decedent, and the second is lack of privity...a contractual or near-contractual relationship with the attorney.

In Leff v. Fullbright & Jaworsky, LLP. we see a well reasoned and explained decision which covers all the areas of estate and probate legal malpractice.  Beyond the shocking size of the estate [90 Million] and the cavalier attitude decedent had to his wife [the anniversary present, and the language of his letters to her] we see the bedrock principals of legal malpractice, and the eternal question of whether this attorney is susceptible to suit by this plaintiff.  Here, Leff may not successfully sue her attorneys, as they provided legal advice and work to her husband, and not to her.  By her reasoning, she is out $9 million. 

Full post as published by New York Attorney Malpractice Blog on July 10, 2009 (boomark / email).