Elam v. Hyatt Legal Services

The issue before this court is whether appellants, as remaindermen, may maintain a cause of action against appellees. We agree with the trial court that the holding in Scholler, supra, controls. Paragraph one of the syllabus in Scholler states:

“An attorney is immune from liability to third persons arising from his performance as an attorney in good faith on behalf of, and with the knowledge of his client, unless such third person is in privity with the client or the attorney acts maliciously.”

Our holding differs from that of the trial court, however, because we find that the remaindermen were…