2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 114 - Malpractice Actions
Subchapter 3 - Accountants and Attorneys
§ 16-114-303. Liability of Attorneys

Universal Citation: AR Code § 16-114-303 (2019)
  • No person licensed to practice law in Arkansas and no partnership or corporation of Arkansas-licensed attorneys or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corporation for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by the person, partnership, or corporation, except for:
    • (1) Acts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations; or

    • (2) Other acts, omissions, decisions, or conduct if the person, partnership, or corporation was aware that a primary intent of the client was for the professional services to benefit or influence the particular person bringing the action. For the purposes of this subdivision (2), if the person, partnership, or corporation:

      • (A) Identifies in writing to the client those persons who are intended to rely on the services; and

      • (B) Sends a copy of the writing or similar statement to those persons identified in the writing or statement,

        then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with the person, partnership, or corporation.
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