2.3:300 DUTY TO THIRD PERSONS WHO RELY ON LAWYER's OPINION

• Jurisdiction: Arizona

2.3:300 Duty to Third Persons Who Rely on Lawyer's Opinion

Comment [4] to ER 2.3 itself observes that: "When the evaluation is intended for the information or use of a third person, a legal duty to that person may or may not arise," but states that that legal question is beyond the scope of the Rule. ER 2.3 cmt. [4]. Whether an evaluation for the use of a third party will expose that attorney to potential liability to that third party if the evaluation is negligently prepared raises squarely the issue of the circumstances under which an attorney can be subjected to malpractice liability in favor of a person or entity who was not the attorney's client. There are a number of Arizona decisions discussing the issue of attorneys' liability in tort to non-clients, but that discussion is beyond the scope of this treatise. See, e.g., Franko v. Mitchell, 158 Ariz. 391, 762 P.2d 1345 (App. 1988), disapproved...