Are Attorneys Liable to Anyone Other Than Their Client?

Professionals, specifically attorneys, are held to a higher standard of care than most. Attorneys are selected to represent a client and they have a duty to do so to the best of their experience and ability. When a professional makes an error and the client suffers damages, the professional can be held liable for those damages. When a consenting client does not think his attorney is performing reasonably, he has the option to file a malpractice lawsuit. However, if the person damaged as a result of the attorney’s performance is not a consenting client, but instead a third party beneficiary, what are his options?

It use to be that a third party beneficiary could not sue an attorney for malpractice, since no attorney-client relationship exists between them. In the 1980’s an exception emerged, allowing a third party beneficiary of a will to recover against the attorney who negligently drafted the will. The third party beneficiary must prove that the main purpose and intent of the initial attorney-client relationship was to benefit and/or influence the third party beneficiary. The Courts have dealt with issues for third party beneficiaries in areas including drafting and execution of wills, business transactions, real estate transactions and intentional torts.

The Connecticut Courts may not impose liability on the attorney when it can potentially interfere with the ethical obligations owed by an attorney to their client. There are limits to the attorney-client relationship and attorneys should be deterred from performing acts which will cause injury to the client or to a third party beneficiary. If you are a third party beneficiary who has been injured as a result of an attorney’s wrongdoing, click here to contact our office. Article: Looking Over Your Shoulder: Where to Look and How Far to See.