Hetzel v. Parks

The question presented in this appeal is whether an attorney, by depositing into his trust account insurance settlement funds belonging to the client of another attorney, owes the other attorney’s client a duty of care actionable in a suit for legal malpractice. We hold that a duty does arise in these circumstances in view of the protective purposes of a trust account, and reverse the order of dismissal entered below.

William Hetzel’s suit was dismissed by the trial court for failure to state a claim on which relief could be granted, a remedy under CR 12(b)(6). Appellate review is de novo. An…