Pederson v. Barnes

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

This case presents two new questions of law. First, in which circumstances is a guardian’s lawyer liable to the ward for the guardian’s wrongdoing? We adopt the Restatement standard and conclude that liability exists only if the lawyer knew or had reason to know of the wrongdoing. Second, which liability regime applies in duty-to-protect eases? Based on the legislative history behind AS 09.17.900, we determine that pure several liability applies.

II. FACTS AND PROCEEDINGS

A. Facts

Brienne Barnes’s parents died in Fairbanks on February 21,1997, when her…