Attorney Malpractice Liability to Non-Client

Malpractice Non-Client

In the course of an attorney's representation of a client, he may commit legal malpractice with respect to his prosecution, defense, or appeal of the client's action or his preparation of transactional documents for the client. The attorney's actions may constitute legal malpractice if he fails to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. In addition to being liable to the client, the attorney may also be liable to a non-client in certain circumstances.

No Liability to Non-Client

Generally, an attorney is not liable to a non-client for legal malpractice. The basis of this rule is that an attorney cannot breach a duty to a non-client because there is no privity of contract between an attorney and a non-client.

Liability to Non-Client

In some jurisdictions under certain circumstances, the attorney may be held liable for malpractice to a non-client.

Intended Beneficiaries

An attorney may be liable to a non-client who was an intended beneficiary of the attorney's services to a client. For example, an intended beneficiary of a client's will may be entitled to bring an action against the attorney for improperly drafting the will.

Foreseeable Reliance Exception

A recognized exception to the general rule of no liability to non-clients is that an attorney may be liable if his services to a client were performed so as to influence non-clients to justifiably rely on the services rendered. For example, if an attorney issues an opinion letter regarding the legal status of his corporate client so as to influence potential lenders, the attorney may be liable to the lenders who relied on that letter if the letter was negligently drafted and caused damage to the lenders.

Fiduciary Relationship

An attorney may be liable for malpractice if his negligence causes damage to a non-client with whom he has established a fiduciary relationship. For example, an attorney for a corporation may have a fiduciary duty to the directors of the corporation. Thus, if his malpractice in relation to his services to the corporation causes damage to the directors, he may be liable.

Intentional Torts

An attorney, like other people, may be held liable for an intentional tort committed against a non-client, usually an adverse party of the attorney's client. A non-client may bring a malicious prosecution claim if the attorney misused the legal process for a purpose other than that of securing the proper adjudication of the client's claim. An attorney may be liable for abuse of process if he uses the legal process to secure a collateral benefit not directly related to the process. A non-client may bring an action for fraudulent, malicious, or intentional misrepresentations made by the attorney to the non-client (e.g., during the course of negotiating a settlement). An attorney may also be liable for intentional infliction of emotional distress. For example, the attorney may continually harass an adverse party in an attempt to influence the course of litigation.

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How To Find A Great Lawyer

A step by step guide on finding the right lawyer for you.

When it Counts, Leave It To The Professional

If your legal problem is complex or involves lots of money, you might not want to handle the entire matter without a lawyer. After all, lawyers do more than provide legal information. They offer strategic advice and apply sophisticated strategies and technical skills to legal problems. You will want to find a lawyer who's willing to help you educate yourself to the maximum extent possible and to take over as your formal legal counsel only if necessary.

How to Find the Right Lawyer

Locating a good lawyer who can help with your particular problem may not be easy, I would not suggest trusting someone just because they are on the back of a phonebook or on some pop up add. There's not enough information in these sources to help you make a valid judgment.

Personal Referrals

A better approach is to talk to people in your community who have experienced the same problem you face. Ask who their lawyers were and what they think of them. Talking to many people who had a similar legal issue is always a great first step, chances are you'll come away with several good leads. Just ask around and see who people you trust used. Many firms can deal with an array of legal issues, its about dealing with the right people, people you can trust and work with easily. But, don't make a decision about a lawyer solely on the basis of someone else's recommendation. Different people will have different responses to a lawyer's style and personality; don't make up your mind about hiring a lawyer until you've met the lawyer, discussed your case, and decided that you feel comfortable working with him or her.

Also, it may be hard to find lawyer through a personal referral with the expertise you need (for instance, if your friend had a great divorce lawyer, but you need incorporation advice, the referral may not do you much good).

Lawyer Referral Services

Lawyer referral services are required to be approved by the state bar association. Some lawyer referral services carefully screen attorneys and list only those attorneys with particular qualifications and a certain amount of past experience, while other services will list any attorney in good standing with the state bar who maintains liability insurance. Before you choose a lawyer referral service, ask what its qualifications are for including an attorney and how carefully lawyers are screened.

Consider a Specialist

Most lawyers specialize in certain areas, and even a so-called "general practitioner" may not know that much about the particular area of your concern. It can pay to work with a lawyer who already knows the field, such as employment discrimination, personal injury, real estate issues.

Interview the Prospective Lawyers

When you get the names of several good prospects, the next step is to talk to each personally. If you outline your needs in advance, many lawyers will be willing to meet to you for a half-hour or so at no charge so that you can size them up and make an informed decision.

Personality

Pay particular attention to the personal chemistry between you and your lawyer. No matter how experienced and well-recommended a lawyer is, if you feel uncomfortable with that person during your first meeting or two, you may never achieve an ideal lawyer-client relationship. Trust your instincts and seek a lawyer whose personality is compatible with your own. Look also for experience, personal rapport, and accessibility.

Communication and Promptness

Ask all prospective lawyers how you will be able to contact them and how long it will take them to return your communications. And don't assume that because the lawyer seems friendly and easy to talk to that it's okay to overlook this step.

Unfortunately, the complaint logs of all lawyer regulatory groups indicate that many lawyers are terrible communicators. If every time you have a problem there's a delay of several days before you can talk to your lawyer on the phone or get an appointment, you'll lose precious time, not to mention sleep.

Almost nothing is more aggravating to a client than to leave a legal project in a lawyer's hands and then have weeks or even months go by without anything happening. You want a lawyer who will work hard on your behalf and follow through promptly on all assignments.

Willingness to Work With You

When you have a legal problem, you need legal information. Lawyers, of course, are prime sources of this information, but if you bought all the needed information at their rates -- $150 to $250 an hour -- you'd quickly empty your bank account. Fortunately, many lawyers will work with you to help you acquire a good working knowledge of the legal principles and procedures you need to deal with your problem at least partly on your own. If you find someone who is not willing to do this they may be too busy or are unwilling to share their game plan which for many people, creates a large feeling of helplessness and anxiety about their case.

Ball & Yorke is an excellent firm that has worked for me. I will continue to use them for future legal matters.

www.ballandyorke.com