Roberts v. Fearey

The issue before us is whether a trustee’s attorney can be Hable to the beneficiaries of the trust for legal malpractice. Plaintiff appeals from summary judgment entered in defendant’s favor and argues that the trial court should have applied the general foreseeability test for negligence and should not have taken a “poficy approach” to decfining to recognize a basis for malpractice Habifity under the circumstances of this case. We hold that defendant did not owe a duty to protect the beneficiaries from their economic losses and therefore is not liable as a matter of law. Accordingly, we…