Donahue v. Shughart, Thomson & Kilroy, PC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a claim for relief is limited to negligence because the breach of duty is based upon negligent performance of duty, not breach of contract
• holding that beneficiaries of a trust have standing to sue the settlor’s attorney for malpractice because the attorney did not effectuate the client’s wishes for a transfer of property
• holding, inter alia, that, as an exception to the general rule that an attorney is only liable to his client for negligence, a non-client may maintain a legal malpractice action based upon a third party beneficiary claim
• “Within the bounds of the law, the attorney’s duty is solely to advance the client’s interest.”
• representation in unrelated matters insufficient to establish an attorney represented the client regarding another matter
• “That balancing test has been cited with approval by most jurisdictions which have considered the issue.

Source: CourtListener parenthetical corpus (CC0).