When does a California estate planning attorney owe a duty of care to people other than the client?  Planners can breathe easier after a recent appellate ruling. The court clarified the limits on legal malpractice claims brought by nonclients.

In Gordon v. Ervin, Cohen & Jessup LLP (2023) 88 Cal.App.5th 543, the court explained that a client’s intent to benefit a nonclient must be clear, certain and undisputed in order for the lawyer to owe a duty to the nonclient. If the facts are ambiguous, the nonclient cannot sue the lawyer for malpractice.

California courts may appoint guardians ad litem as helping hands to act for those unable to make their own decisions in litigated cases because they are minors or incapacitated adults.  For background, see our prior post.

Senate Bill 1279, effective January 1, 2023, clarifies and improves the rules governing the selection of guardians

We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity.

After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and Conduct has now finalized Formal Opinion Number 2021-207, which is close in content to the earlier opinion.

Opinion Number 2021-207 is useful resource

Assembly Bill 1194, approved by Governor Newsom on September 30, 2021, tightens oversight of California conservators, especially those licensed by the Professional Fiduciaries Bureau.

The bill expands the duties of California courts with respect to conservatorships, though some reforms depend upon funding in future legislation.  With a projected budget surplus, and keen public

What are the ethical obligations of a California lawyer for a client with diminished mental capacity?  The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with public comment due by August 24, 2021.

While all lawyers may represent clients who have questionable capacity, the