In 2009 the Kentucky Supreme Court substantially revised the Kentucky Rules of Professional Conduct.
Articles in this index written before 2009 citing Kentucky Rules of Professional Conduct must be checked for any changes to the rule cited.

Nonclient Liability: The Beat Goes On and On!

Download

Item -- Dateline Indiana: The lawyer for a lender who made changes in a document that the borrower had approved in draft form owes a duty to the borrower to disclose changes made subsequent to borrowers approval. Wright v. Pennamped, Ind CttApp, No. 49A05-9405-CV-207,11/9/95; p. 373 Current Reports, ABA/BNA Lawyers’ Manual on Professional Conduct, Vol. 11 No. 23, 12/13/95.

Item -- Dateline New Mexico: The Supreme Court adopted a multi-factor balancing test for determining liability to the beneficiaries of an estate of a lawyer for the personal representative in a wrongful death action. Leyba v. Whitley, NM SupCt, No. 22,309, 10/11/95; p. 374 Current Reports, ABA/BNA Lawyers’ Manual on Professional Conduct, Vol. 11 No. 23, 12/13/95.

Item -- Dateline New Jersey: Nonclients who foreseeably relied on information produced by attorneys in offering statements for clients selling condominiums may sue the lawyers for malpractice. Atlantic Paradise Associates Inc. v. Perskie, Nehmad & Zeltner, NJ SuperCt AppDiv, No. A-6840-93T1, 11/2/95; p. 375 Current Reports, ABA/BNA Lawyers’ Manual on Professional Conduct, Vol. 11 No. 23, 12/13/95.

Item -- Dateline New Hampshire: The New Hampshire Supreme Court endorsed a new tort of “Malicious Defense.” Described as a mirror image of malicious prosecution, a defense lawyer who initiates defensive measures that are or should be known to lack merit or credible basis is liable to the opposing party along with the client. Moreover damages are not limited to attorney’s fees. Aranson v. Schroeder, NH SupCt, No. 93-519, 10/31/95; p. 376 Current Reports, ABA/BNA Lawyers’ Manual on Professional Conduct, Vol. 11 No. 23, 12/13/95.

 


323 West Main Street, Suite 600 | Louisville, Kentucky 40202 | Phone: 502-568-6100 | Fax: 502-568-6103

Disclaimer: The contents of this Web site are intended for general information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. It is not the intent of this Web site to establish an attorney’s standard of due care for a particular situation. Rather, it is our intent to advise our policyholders to act in a manner which may be well above the standard of due care in order to avoid claims having merit, as well as those without merit. In the event any statement on the Web site differs from a statement in an issued policy the policy will control.

SITE BY SCARNEGIE INTERACTIVE, LLC