Hypothetical - Nontraditional Claims Against Lawyers

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Lately, there has been a proliferation of claims against lawyers and law firms beyond the traditional legal malpractice claims brought by clients. Although lawyers generally owe no fiduciary duty to third parties, they may find themselves liable for their actions under a variety of different legal theories, including fraud, negligent misrepresentation, aiding and abetting, and more.

In December 2012, I participated on an ethics panel at the Practicing Law Institute addressing unusual or non-traditional claims against lawyers. This is the hypothetical I created for the program.

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