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40 Ariz. St. L.J. 135 (2008)
Let's Sue All the Lawyers: The Rise of Claims against Lawyers for Aiding and Abetting a Client's Breach of Fiduciary Duty

handle is hein.journals/arzjl40 and id is 143 raw text is: LET'S SUE ALL THE LAWYERS: The Rise of Claims Against Lawyers for Aiding and Abetting a Client's Breach of Fiduciary Duty Katerina P. Lewinbukt Well, I don 't know as I want a lawyer to tell me what I cannot do. I hire him to tell me how to do what I want to do. John Pierpont Morgan (1837-1913), Founder of JP Morgan Banking House' INTRODUCTION If you drive East on Interstate I-10 approximately 60 miles outside of Houston, Texas, you will see a huge billboard on the road stating: WE SUE LAWYERS... (the sign then provides the law firm's name and contact information) Shocking as it may seem, this sign represents a recent trend of suing lawyers using every possible legal theory that exists. The courts are supportive of attorney liability in various contexts, thus making these claims possible. As an example, let's assume attorney A represents client B, who has a business relationship with partner C. During the business transactions involving B, C, and their business, Client B breached her fiduciary duty that she owed to C, and C now wants to sue for the breach. In the past, C could only sue Bfor her breach offiduciary duty. Today, C will JL The original quote is The first thing we do, let's kill all the lawyers, which came Ir T from William Shakespeare's Henry VI. WILLIAM SHAKESPEARE, THE SECOND PART OF KING HENRY THE SIXTH, act IV, sc. 2. The author changed the quote to fit the topic of this article. t Assistant Professor of Law, South Texas College of Law, Houston. I would like to thank my friends and colleagues at the South Texas College of Law for their ongoing support of scholarly pursuits. I am especially grateful to Professors Adam Gershowitz and Andrew Solomon of the South Texas College of Law who have made a number of helpful suggestions. I also would like to thank Leslie Ward and Darcie Cobden for their invaluable assistance in preparation of this article. This article was inspired by my interactions with Tom McGarry and other attorneys at the Chicago office of the Hinshaw & Culbertson law firm who have shared their experiences of defending lawyers against accusations of legal malpractice and various other claims. 1. QUOTE IT 11124 (Eugene C. Gerhart ed., 1988).

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