Client Has No Malpractice Claim Against Attorney Who Advised Her About a Claim Against Will Drafter

A California appeals court rules that a client has no legal malpractice claim against her attorney for failing to properly advise her about a legal malpractice claim against the attorney who drafted her mother's will because she didn’t have a valid claim against the drafting attorney. Chu v. Conkling (Cal. Ct. App., 6th Dist., No. H041409, Dec. 11, 2017).

Attorney Jessica Wang drafted a will for Nancy Chu's mother that left Ms. Chu's mother's property to Ms. Chu and a trust that provided that the gift would lapse if the property was not in the trust. After executing the will, Ms. Chu's mother named herself and her son as joint tenants of the property. After Ms. Chu's mother's death, Ms. Chu paid Ms. Wang to transfer the property to her, but Ms. Chu's brother filed a quiet title action to declare him the proper owner. Ms. Chu hired attorney Patricia Conkling to represent her in the quiet title action. She asked Ms. Conkling if she had a legal malpractice claim against Ms. Wang, and Ms. Conkling said she might have a claim if she lost the quiet title action.

Ms. Chu lost the quiet title action and sued Ms. Conkling for legal malpractice, claiming that Ms. Conkling did not properly advise her regarding a claim against Ms. Wang. The trial court granted Ms. Conkling summary judgment, ruling that because Ms. Wang did not owe a duty to Ms. Chu, she could not be sued for legal malpractice. Ms. Chu appealed, arguing that the money she paid Ms. Wang for recording fees and document drafting meant that Ms. Wang was her attorney.

The California Court of Appeals, 6th District, affirms. According to the court, there was no evidence that Ms. Wang was Ms. Chu's attorney, because even though Ms. Chu paid her, there was no engagement letter or other evidence of representation. The court concludes that "[Ms.] Chu suffered no damages from [Ms.] Conkling’s advice regarding a potential claim against [Ms.] Wang, because [Ms.] Chu had no valid claim against [Ms.] Wang for malpractice as either a third-party beneficiary of [her mother's] trust, or as [Ms.] Wang’s client."

For the full text of this decision, go to: https://www.courts.ca.gov/opinions/nonpub/H041409.PDF

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