LexisNexis® Legal Newsroom
The End of Privity – Some Thoughts

On June 17, 2010 the Court of Appeals determined that the doctrine of privity of contract, which has previously barred an action for legal malpractice against an estate planning attorney by an estate or trust and/or its beneficiaries, no longer applied to an action by an executor. ( Schneider v...

Use of Constructive Trust and Correction/Reformation to Cure and Mitigate Attorney and Other Professional Malpractice in Estate Planning

By David W. Tate The following is a link to an interesting article by Victoria J. Haneman discussing the possibility of using constructive trust equitable remedies to cure or mitigate testamentary mistakes, Click Here. In fact, at least in California, wills and trusts are supposed to be read or...

Managing Malpractice in Medicare’s Never-Never Land

Some things just aren't supposed to happen. In health care, they are referred to as "never events" and include hospital-acquired infections or injuries, medication errors and objects left inside patients during surgery. Yikes. The Centers for Medicare and Medicaid Services (CMS) have...