Paul H. Smith v. Thomas O'donnell, of the Estate of Corwin Denney

This legal-malpractice appeal turns on whether Belt1 or Barcelo2 should control. Decided a decade apart, both decisions have their place in our jurisprudence— Barcelo states the general rule (non-clients *425cannot file malpractice suits), Belt the exception (executors sometimes can). Unlike the Court, I believe today’s case is governed by Barcelo’s general privity barrier, as it is rife with Barcelo&emdash;like concerns of divided loyalties and conflicts of interest. Indeed, this case presents exactly the sort of gamesmanship flagged in Belt, “an opportunity for some disappointed beneficiaries…