The Price of Attorney DelayThe Price of Attorney Delay
Consider this scenario: A client, decides to change his will by adding a new beneficiary; he asks his lawyer to draft a new document. The lawyer promises to do so, but delays. Then, before the lawyer draws up new papers, Robert dies. For the attorney, one issue may quickly loom large: legal malpractice. In most U.S. jurisdictions, the long-standing rule is that lawyers are liable to intended beneficiaries
Michael Ben-Jacob, principal, Withers Bergman LLP, New York and Ian Marsh, principal, Withers LLP
Consider this scenario: A client, “Robert,” decides to change his will by adding a new beneficiary; he asks his lawyer to draft a new document. The lawyer promises to do so, but delays. Then, before the lawyer draws up new papers, Robert dies. For the attorney, one issue may quickly loom large: legal malpractice.
In most U.S. jurisdictions, the long-standing rule is that lawyers are liable to intended beneficiaries in the limited circumstances where the will was invalidated because of improper attestation or the attorney concedes negligence.1 But what if the will omits beneficiaries because the lawyer didn't follow instructions or prepare the ...
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