Successor Personal Representative Can't Sue Law Firm That Represented Original PR

Maine's highest court has ruled that because a law firm that represents a personal representative during probate does not owe a duty of care to the successor personal representative, the successor cannot sue the law firm for legal malpractice. Estate of Cabatit v. Canders (Me., No. YOR-13-475, Nov. 25, 2014).

Julibel Cabatit-Alegre was named personal representative of her brother's estate. She hired attorney Stephan Canders and Maine Legal Associates to assist her with probate.  Joseph Cabatit was one of the beneficiaries of the estate, and he hired his own attorney to negotiate with Ms. Cabatit-Alegre. The court later removed Ms. Cabatit-Alegre as personal representative after it found, among other things, that her hourly fee was excessive. The court appointed Mr. Cabatit as successor trustee.

Mr. Cabatit sued Mr. Canders and his law firm for legal malpractice, arguing that Mr. Canders gave Ms. Cabatit-Alegre improper advice about her fees. The law firm asked for summary judgment, arguing it did not owe a duty to Mr. Cabatit. The trial court granted the motion, and Mr. Cabatit appealed. 

The Maine Supreme Court affirms, holding that the law firm did not owe a duty of care to Mr. Cabatit, so he could not sue it for legal malpractice. The court acknowledges that "in limited and rare situations, when an attorney’s actions are intended to benefit a third party and where policy considerations support it, we may recognize a duty of care by that attorney to a limited class of nonclients." However, the court rules that this was not such a case because Mr. Cabatit was represented by his own attorney during the probate proceedings and did not have an attorney-client relationship with the law firm.

For the full text of this decision, go to: https://courts.maine.gov/opinions_orders/supreme/lawcourt/2014/14me133ca.pdf

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