Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate in its conclusion by predicting how the cause of action will continue to develop in the long run.
Lewinbuk, Katerina P.
"Keep Suing All the Lawyers: Recent Developments in Claims Against Lawyers for Aiding & Abetting a Client’s Breach of Fiduciary Duty,"
St. Mary's Journal on Legal Malpractice & Ethics: Vol. 8
, Article 4.
Available at: https://commons.stmarytx.edu/lmej/vol8/iss1/4
Civil Law Commons, Civil Procedure Commons, Courts Commons, Estates and Trusts Commons, Law and Society Commons, Legal Ethics and Professional Responsibility Commons, Legal Profession Commons, Legal Remedies Commons, Property Law and Real Estate Commons, State and Local Government Law Commons, Torts Commons