Not just anyone can sue an attorney when an alleged mistake has been made. An attorney’s liability is limited to the class of people to whom the attorney owes a legal duty to exercise ordinary care, skill and diligence in the performance of professional services.
In most cases, this means that an attorney owes a duty to her or his clients to perform legal service in accordance with the standard of care ordinarily exercised by attorneys in the legal profession generally. But, absent adequate precautions, a duty may potentially be found to extend to nonclients and third parties in certain situations. All involve the existence of a duty by the attorney and that is the best place to start with avoiding risks.
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