What is the test for retaining an attorney to draft a will?

California, United States of America


The following excerpt is from Goldberg v. Frye, 217 Cal.App.3d 1258, 266 Cal.Rptr. 483 (Cal. App. 1990):

The predominant inquiry, Mallen states, is whether the principal purpose of the attorney's retention is to provide legal services for the benefit of the plaintiff. For example, the intention of a testator to benefit legatees, through the retention of an attorney to draft his will, can confer a cause of action in favor of a disappointed legatee against the negligent draftsman. (See, e.g., Lucas v. Hamm (1961) 56 Cal.2d 583, 15 Cal.Rptr. 821, 364 P.2d 685; Biakanja v. Irving (1958) 49 Cal.2d 647, 320 P.2d 16.)

Other Questions


Does a client who discharges his litigation counsel and retains new counsel to consummate litigation retain the work product of the attorney even if the attorney has been paid for his services? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work? (California, United States of America)
In what circumstances will an attorney be required to provide an attorney's duty of care in drafting a will for the intended beneficiary? (California, United States of America)
Can a drafting attorney be sued for negligence in the drafting of a will that causes the bequest to be invalid? (California, United States of America)
What is the test for retaining a retained or appointed attorney in a civil matter? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Can an attorney litigant represented by other attorneys in his firm recover attorney fees? (California, United States of America)
What are appellant's claims that the trial court improperly allowed him to replace his retained attorney with a new attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.