For Your Data Barcelo V. Elliot Example Brief
October 10, 2016
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Barcelo v. Elliot instance brief
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923 S.W.2d 575 (Tex. 1996)
CASE SYNOPSIS: Plaintiff grandchildren sought review of the determination of the Court of Appeals for the First District of Texas, which held that accused attorney preparing estate planning documents owed a duty exclusively to his client, the testator or settlor, too non to 3rd parties intended to produce goodness nether the estate plan, inwards plaintiff's activity for legal malpractice.
FACTS: Plaintiff grandchildren filed adjust against accused attorney for legal malpractice. The lower courtroom granted defendant's summary judgment on grounds that accused did non stand upwardly for plaintiff too owed no professional person duty to them. The courtroom affirmed too stated that accused owed a duty of attention exclusively to his customer too non to 3rd parties who may bring been damaged yesteryear defendant's negligent representation of the client. The courtroom held that without this privity barrier clients would lose command over the attorney-client human relationship too attorneys would survive patch of written report to most unlimited liability. The courtroom held that it was unable to arts and crafts a dominion that allowed a trial to expire along where alleged malpractice caused a volition or trust to neglect inwards a vogue that casted no existent uncertainty on the testator's intentions, spell prohibiting actions inwards other situations. The courtroom affirmed the lower court's determination that accused owed no professional person duty of attention to plaintiff nether the volition too reiterated Texas constabulary that legal malpractice is governed yesteryear tort principles.
CONCLUSION: The courtroom affirmed the social club granting summary judgment inwards favor of accused attorney because accused owed no professional person duty of attention to plaintiff grandchildren who were beneficiaries nether a volition accused drafted. The courtroom held that plaintiff could non recover nether a 3rd political party beneficiary theory because legal malpractice is founded inwards principles of tort.
FACTS: Plaintiff grandchildren filed adjust against accused attorney for legal malpractice. The lower courtroom granted defendant's summary judgment on grounds that accused did non stand upwardly for plaintiff too owed no professional person duty to them. The courtroom affirmed too stated that accused owed a duty of attention exclusively to his customer too non to 3rd parties who may bring been damaged yesteryear defendant's negligent representation of the client. The courtroom held that without this privity barrier clients would lose command over the attorney-client human relationship too attorneys would survive patch of written report to most unlimited liability. The courtroom held that it was unable to arts and crafts a dominion that allowed a trial to expire along where alleged malpractice caused a volition or trust to neglect inwards a vogue that casted no existent uncertainty on the testator's intentions, spell prohibiting actions inwards other situations. The courtroom affirmed the lower court's determination that accused owed no professional person duty of attention to plaintiff nether the volition too reiterated Texas constabulary that legal malpractice is governed yesteryear tort principles.
CONCLUSION: The courtroom affirmed the social club granting summary judgment inwards favor of accused attorney because accused owed no professional person duty of attention to plaintiff grandchildren who were beneficiaries nether a volition accused drafted. The courtroom held that plaintiff could non recover nether a 3rd political party beneficiary theory because legal malpractice is founded inwards principles of tort.
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Interested inwards learning how to acquire the summit grades inwards your constabulary schoolhouse classes? Want to larn how to written report smarter than your competition? Interested inwards transferring to a high ranked school?