Abolishing the Privity Doctrine in Texas - Just Do It!

Authors

Lief Kjehl Rasmussen

Publication Date

3-1-1996

Document Type

Comment

Abstract

The purpose of this comment is to provide future guidance to Texas courts in structuring a bright-line rule to determine third party nonclient standing in similar estate planning legal malpractice cases as an alternative to the current privity standard. Part I discusses and analyzes the evolution of the privity doctrine and the current theories supporting its relaxation as it relates to estate planning legal malpractice cases, particularly circumstances involving negligently drafted or executed wills. Part II examines the privity doctrine as it has been applied in Texas legal malpractice cases. Part III recommends abolishing the privity doctrine in Texas and offers a new standard to assist Texas courts in determining, with some degree of certainty and predictability, the circumstances under which negligent attorneys should be held liable to persons not within the direct attorney-client relationship.

DOI

10.37419/TWLR.V2.I3.5

First Page

559

Last Page

591

Recommended Citation

Lief K. Rasmussen, Abolishing the Privity Doctrine in Texas - Just Do It!, 2 Tex. Wesleyan L. Rev. 559 (1996).
Available at: https://doi.org/10.37419/TWLR.V2.I3.5