MacLeish v. Boardman & Clark LLPAnnotate this Case
The Supreme Court affirmed the dismissal of the MacLeish children's claim against the Boardman law firm for legal malpractice, holding that Charles MacLeish's clear testamentary intent was not thwarted by any alleged negligence on the part of Boardman, and therefore, the action was properly dismissed.
David, Hayden, Kay, and Robin MacLeish brought this action against Boardman, the law firm that administered their father's estate. The circuit court dismissed the complaint. The court of appeals affirmed, holding that the children failed to demonstrate that Boardman's alleged negligent administration of their father's estate thwarted his clear testamentary intent. The Supreme Court declined the children's request to abandon Auric v. Continental Casualty Co., 331 N.W.2d 325 (1983), and affirmed, holding (1) the Auric exception to the rule of nonliability of an attorney to a non-client applies to the administration of an estate in addition to the drafting and execution of a will; (2) applying Auric to the facts of this case, the father's clear testamentary intent was not thwarted by Boardman's alleged negligence; and (3) therefore, the circuit court correctly dismissed the legal malpractice claim.