Barcelo v. Elliott

With an obscure reference to “the greater good,” 923 S.W.2d at 578, the Court unjustifiably insulates an entire class of negligent lawyers from the consequences of their wrongdoing, and unjustly denies legal recourse to the grandchildren for whose benefit Ms. Barcelo hired a lawyer in the first place. I dissent.

By refusing to recognize a lawyer’s duty to beneficiaries of a will, the Court embraces a rule recognized in only four states,1 while simultaneously rejecting the rule in an overwhelming majority of jurisdictions.2 Not*580withstanding the fact that in recent years the Court has sought to…