Question

A transactional attorney regularly advises closely-held corporations on tax and corporate issues. An acquaintance asked the attorney if they could meet to discuss a legal matter. The attorney agreed. During their 30-minute conversation, the acquaintance told the attorney that a relative had died and named the acquaintance the executor of the relatives estate. The acquaintance asked the attorney to represent him. The attorney advised the acquaintance that the attorney did not have experience and was too busy to do the work necessary to become competent. The attorney offered to refer acquaintance to another lawyer who regularly practiced in the field and advised the acquaintance that he should see another lawyer promptly because there might be deadlines he should follow as the executor. The acquaintance did not contact another lawyer until eight months after meeting with the attorney. At that time, the acquaintance learned that his method of interacting with the estates creditors had created a complicated, expensive situation for the estate, including a significant amount of money in legal fees to reverse the errors. If the acquaintance had received legal advice, the acquaintance would not have committed these expensive errors. Is the attorney subject to civil liability.

Answer 1

The Acquiantance is the one at fault in the issue not the attorney in the deceased case(estate)

Explanation: The attorney advised the acquaintance that the attorney did not have experience and was too busy to do the work necessary to become competent. The attorney offered to refer acquaintance to another lawyer who regularly practiced in the field and advised the acquaintance that he should see another lawyer promptly because there might be deadlines he should follow as the executor. The acquaintance did not contact another lawyer until eight months after meeting with the attorney. So the attorney is not subject to any civil liability.