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 inva