Morrison v. Reed

SCHWARTZ, Chief Judge.

The appellant is a lawyer who was sued for legal malpractice for her alleged negligence in failing effectively to contest and revoke a will and trust executed by the client’s mother with the result that the appellee Reed, the testatrix’s son, who was a beneficiary of those instruments, secured assets which would have otherwise gone to his sister. The lawyer then filed a third-party complaint against Reed, claiming that if she were held liable for malpractice in the primary action, Reed, who would thus have been permitted to retain the “benefits” of that negligence,…