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Full-Text Articles in Law
Tobacco Regulation Review, V.2, No. 2, Sept. 2003
Tobacco Regulation Review, V.2, No. 2, Sept. 2003
Tobacco Regulation Review
No abstract provided.
Tobacco Regulation Review, V. 2, No. 1, April 2003
Tobacco Regulation Review, V. 2, No. 1, April 2003
Tobacco Regulation Review
No abstract provided.
Estate Planning Malpractice: Is Strict Privity Here To Stay?, Angela M. Vallario
Estate Planning Malpractice: Is Strict Privity Here To Stay?, Angela M. Vallario
All Faculty Scholarship
Under Maryland case law, a plaintiff in an estate planning malpractice action must be in strict privity with the attorney who drafted the will. To date, Maryland has not extended the third-party beneficiary exception to the estate planning arena.
Legatees specifically identified in a will by name or class are generally precluded from bringing a cause of action against the attorney for the attorney's alleged negligence, because in Maryland in order to recover for legal malpractice, a plaintiff must:show: "(1) the attorney's employment; (2) his neglect of a reasonable duty; and (3) loss to the client proximately caused by that …