Practice point: Absent fraud, collusion or malicious acts, an attorney is not liable to third parties not in privity for harm caused by professional negligence.
Practitioners should note that an estate, acting in its own right, may not maintain an action for legal malpractice.
Case: Estate of Saul Schneider v. Finmann, NY Slip Op 02319 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Respondeat superior.
