Abstract

http://ssrn.com/abstract=1911903
 


 



New York Attorney Malpractice Liability to Non-Clients: Toward a Rule of Reason & Predictability


Lucia Ann Silecchia


Catholic University of America (CUA) - Columbus School of Law

1995

Pace Law Review, Vol. 15, No. 2, 1995
CUA Columbus School of Law Legal Studies Research Paper No. 2011-14

Abstract:     
This 1995 Article addresses the question of attorney liability in New York. It begins with a brief introduction to the history of the privity requirement nationally to place the New York question in context. It then traces the scope of attorney liability in New York and examines the state of that law - with its contradictions and inconsistences. This Article proposes a rule for New York courts to consider that centers on the “adversariness” of the client and the third party as the touchstone for determining if expanded liability is appropriate.

This differs from the traditional analysis which bases the extent of non-client liability, if any, on the relationship between the attorney’s intentions and the third party. In proposing this rule, the paper reviews the approaches taken in other jurisdictions to determine what, if anything should be borrowed from those rules in creating New York’s standard. The proposed solution weighs the dangers of expanding liability against the dangers of refusing to expand liability and tries to balance those considerations in a way that fairly balances the interests of the legal profession, the clients, the public, and the injured third parties.

Number of Pages in PDF File: 69

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Date posted: August 18, 2011  

Suggested Citation

Silecchia, Lucia Ann, New York Attorney Malpractice Liability to Non-Clients: Toward a Rule of Reason & Predictability (1995). Pace Law Review, Vol. 15, No. 2, 1995; CUA Columbus School of Law Legal Studies Research Paper No. 2011-14. Available at SSRN: http://ssrn.com/abstract=1911903

Contact Information

Lucia Ann Silecchia (Contact Author)
Catholic University of America (CUA) - Columbus School of Law ( email )
3600 John McCormack Rd., NE
Washington, DC 20064
United States
(202) 319-5560 (Phone)
(202) 319-4459 (Fax)
HOME PAGE: http://law.cua.edu/fac_staff/SilecchiaL/
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