Waiting In The Wings

The District of Columbia Court of Appeals has reversed a legal malpractice judgment, concluding that the plaintiff – a non-client – was not owed a duty of care by the defendant attorney.

The plaintiff was in a relationship with a married man. She approached the attorney to secure representation for a divorce for him. The married man eventually retained the attorney, who filed the divorce complaint.

There was delay in serving the complaint and the client died before the divorce was finalized.

A jury awarded the plaintiff damages based on retirement benefits that the client would have received if the divorce was completed and the decedent had married her. The damages exceeded a quarter of a million dollars.

 It was undisputed that the plaintiff was never a client of the defendant or his law firm.

The court held as a matter of law that the duty of care did not extend to the plaintiff. Although there are limited situations where an intended beneficiary may sue a lawyer,

…it is not difficult to envision situations where the interests of the client seeking the divorce and his fiancee waiting in the wings could come into conflict, which argues against any dilution of the attorney’s obligation to serve the interests of his or her client alone.

On appeal, the attorney conceded negligence in handling the divorce. (Mike Frisch)