Kitty goes to her lawyer, Ross, to have him prepare her will, in…
Kitty goes to her lawyer, Ross, to have him prepare her will, in…
Kitty goes to her lawyer, Ross, to have him prepare her will, in…
Kitty goes to her lawyer, Ross, to have him prepare her will, in which
she wants to leave all of her property to her older daughter, Meghan, and none to her younger daughter, Olivia. At their first meeting in Ross’s office, Ross and Kitty sign a representation agreement (a contract), under which Ross must work on Kitty’s business in accord with the normal standards of attorney practice. Kitty dies fifteen years later. As it turns out, though, Ross did a terrible, terrible job drafting the will (far worse than a lawyer normally would, easily breaching his earlier agreement with Kitty), and the will is thrown out by a court. Because of that, Kitty’s property is distributed according to the state’s default rules, which give half to Meghan and half to Olivia. Meghan, having received only half of the property she would have if the will were valid, is furious. She wants to sue Ross for the difference. Can she? (Select 1)
No, because too much time has passed and she is barred from suing.
Yes, because lawyers must account for their poor conduct, and Meghan is the best situated person to bring that suit.
Yes, because Meghan was an intended third-party beneficiary of the Kitty-Ross agreement.
No, because Kitty was the only person who could sue Ross, and she is dead.
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