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Akron Law Review
(Published By: University of Akron)
Table Of Contents
[Archives]
Currently Viewing: Vol. 43, No. 1,     2010       
  1Another Missed Opportunity in Shoemaker v. Gindlesberger: Strict Privity Lives On in Ohio Legal Malpractice Cases
   Author(s):C. Chase Senk
  Keyword(s) :Ohio;Missed Opportunities;Legal Malpractices;Rule of Law
  Abstract:

“We decline to change the rule of law in this state that bars an
action for negligence against a lawyer by a plaintiff who is not in privity
with the client.”1
With those words in Shoemaker v. Gindlesberger,2 the Ohio
Supreme Court upheld its antiquated strict-privity rule for legalmalpractice
actions and remained in the minority of jurisdictions that
still adhere to the rule that an attorney owes a duty of care only to her
own client.3 However, “[t]he assault upon the citadel of privity is
proceeding in these days apace.”4 Today, the majority of states have
abandoned the strict-privity rule in favor of permitting a third party to
state a claim against a negligent attorney in the estate planning context.5
Some have adopted a “balance of factors” test while the majority of
jurisdictions have focused on the intent of the testator for an intended
beneficiary to take under the will.6 However, in the minority of
jurisdictions, including Ohio, third parties not in privity with the
attorney or the client7 may not state a claim against a negligent attorney.
In these states, attorneys remain the exception—among other
professionals including doctors, accountants, appraisers, engineers, and
architects—to liability from third parties for negligence, notwithstanding
privity of contract.8

    
   
  2Education for Judicial Aspirants
   Author(s):Keith R. Fisher
  Keyword(s) :Education;State Judiciaries;Public Confidences;Court Systems
    
   
  3Exxon Shipping Co. v. Baker: Why the Supreme Court Missed the Boat on Punitive Damages
   Author(s):Maria C. Klutinoty
  Keyword(s) :Punitive Damages;Supreme Court
    
   
  4From Armbands to Douchebags: How Doninger v. Niehoff Shows the Supreme Court Needs to Address Student Speech in the Cyber Age
   Author(s):Allison E. Hayes
  Keyword(s) :Supreme Court;Student Speech;Communication;Internet
    
   
  5Indispensible Logic: Using the Logical Fallacy of the Undistributed Middle as a Litigation Tool
   Author(s):Stephen M. Rice
  Keyword(s) :Logic;Fallacies;Litigation;Tools;Arguments;Wrong
    
   
  6Save the Children: The Legal Abandonment of American Youth in the Workplace
   Author(s):Seymour Moskowitz
  Keyword(s) :American Youth;Abandonment;Workplace;Industrial Production;Fair Labor Standards Act
    
   
  7The Timing of Facial Challenges
   Author(s):Timothy Sandefur
  Keyword(s) :Statutes of Limitations;Violation;Law
    
   
  8Two Wrongs Don't Make a Right: Federal Death Eligibility Determinations and Judicial Trifurcations
   Author(s):Michael D. Pepson, John N. Sharifi
  Keyword(s) :Deaths;Eligibility;Capital Defendants
    
   
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