An attorney's duties to a client arise from the existence of an attorney-client relationship, and include, but are not limited to, the duty of loyalty, the duty to avoid conflicts of interest, the duty of competent representation, the duty of confidentiality, a fiduciary duty, and the duty of care. A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by a real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest.
The lawyer's duty to a client does not militate against the concurrent obligation to treat with consideration all persons involved in the legal process and to avoid the infliction of harm on the appellate process, the courts, and the law itself. Through thoughtful client intake procedures, clear engagement terms, and adherence to professional standards, lawyers can fulfill their ethical duties while mitigating the risk of unexpected liability to those outside the formal attorney-client relationship. There are additional circumstances permitting a determination that an attorney owes a duty to a non-client that is not dependent on the non-client’s reliance on the attorney's actions. By way of example, courts have permitted an extension of the duty in circumstances where a non-client relies upon an adversarial attorney to record a mortgage; where a non-client tenant relies upon the representations of a landlord’s attorney in agreeing to a long-term lease; or where an attorney included inaccurate information in a public offering statement intended to be relied upon by the public.
The existence of an attorney-client relationship creating a duty is “essential to the assertion of a cause of action for legal malpractice. In New Jersey, “the invitation to rely and reliance are the linchpins of attorney liability to third parties. While the MRPCs are primarily designed to govern the attorney-client relationship, several rules prevail upon lawyers to recognize that their conduct toward non-clients is subject to ethical scrutiny. In one case, a court recognized that an attorney who drafts a testamentary document that is inconsistent with the decedent's intent breaches a legal duty owed to a beneficiary who claims they are damaged as a result of the attorney's error.
For example, privity between an attorney and a non-client may not be necessary for a duty to attach where the attorney had reason to foresee the specific harm that occurred. If an attorney’s actions “are intended to induce a specific non-client’s reasonable reliance on his or her representations, then there is a relationship between the attorney and the third party.
