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The Assignment of Legal Malpractice Claims

February 28, 2014

This article was written by Andrew Countryman for the Winter 2014 issue of the Professional Liability Defense Quarterly.

The lawyer-client relationship is a cornerstone of our legal system that allows lawyers to effectively represent clients through the free flow of information between litigants and their legal representatives. The existence of a lawyer-client relationship has historically been a necessary element to bringing a legal malpractice claim. The requirement of privity has prevented lawyers from being sued by third parties (under most circumstances) for actions taken in the course and scope of representing their clients. Removing this safeguard could subject lawyers to claims from clients of opposing lawyers and other third parties who are unhappy with a lawyer’s particular course of action taken on behalf of a client.

Read more of this article as published in the Winter 2014 issue of the Professional Liability Defense Quarterly.

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