Sometimes I get calls from potential clients who wonder whether they can sue an attorney if they were not actually that attorney’s client, which raises an interesting question. Generally speaking, in order to maintain an action for legal malpractice, an attorney-client relationship is necessary. That’s the general rule, however, and there is an exception that involves basic contract principles. If you are an intended third party beneficiary of an attorney’s contract with his or her client, you may be able to sue. You will have to be able to prove that the client intended for you to benefit from their relationship with the attorney. This type of concern is most common in the context of estate planning and trust cases.
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