Trusts & Estates
Attorney Liability: Estate Planning and the Strict Privity Rule
by Jennifer L. Villier, JD | Business Law Faculty, WealthCounsel
The strict privity rule has long protected estate planning attorneys from lawsuits brought against them by disappointed beneficiaries. While some states have crafted broader exceptions to strict privity in the estate planning context, a recent decision by the Colorado Supreme Court indicates that strict privity, with a narrow exception, is here to stay.
While this case only concerns Colorado attorneys, the opinion is also helpful to practitioners in other states as well and highlights several key best practices when dealing with non-clients to protect the client's wishes — and the attorney from potential litigation.
Please download this Insight Brief to learn more about Baker v. Wood, Ris & Hames, 2016 CO 5, No. 13SC554 (January 19, 2016) and its implications for trusts and estates planning attorneys.
Topics
Complete the form to get your free guide
Related Resources
2023 Estate Planning Industry Trends Report
Don't miss your chance to stay at the forefront of the estate planning industry. Download the full report for free by submitting the form on this page, and be well-prepared for current opportunities and challenges.
Learn More
2022 Estate Planning Industry Trends Report
The 2022 Industry Trends survey illustrates both a willingness to embrace new technologies as we emerge from the pandemic and a strong interest among clients in taking advantage of a full range of estate planning strategies. Download to read the full report.
Learn More
2023 Estate Planning Awareness Week - Free Marketing Package
Get free access to an “Estate Planning Awareness Week” marketing package with customizable blog content and letters so you can reach out to current and prospective clients, as well as referral sources, without having to spend hours creating original content from scratch.
Learn More