Botched Will Lawsuit Requires Privity

The ability to sue the attorney who drafted a botched will depends on the state’s privity of contract requirements. 

According to Joshua Tate, (assistant professor of law, SMU) there are three general approaches to privity in the United States: (1) strict privity, leaving very little room to sue; (2) limited privity; and (3) a modern approach giving more room to sue. 

Robert Sitkoff(professor of law, Harvard) recently told the Wall Street Journal that strict privity is outmoded and open to challenge, which could be the case if there is an appeal of the decision in Leff v. Fullbright & Jaworski, LLP, 2009 NY Slip Op. 31445(U) (NY County June 30, 2009).

See Dale Arden, Getting Personal: Suing Over Wills Has Its Limits For Now, WSJ, July 15, 2009previous post on Leff v. Fullbright & Jaworski, LLP.