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LEYBA v. WHITLEY

No. 14679.

882 P.2d 26 (1994)

118 N.M. 435

Candace LEYBA, Conservator of the Estate of Phillip Leroy Urioste, a minor, Plaintiff-Appellant, v. Joseph E. WHITLEY and Daniel W. Shapiro, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted September 8, 1994.

Attorney(s) appearing for the Case

John S. Catron, W. Anthony Sawtell and Peter F. Wirth, Catron, Catron & Sawtell, P.A., Santa Fe, for plaintiff-appellant.

Martin E. Threet, Threet & King, Albuquerque, for defendant-appellee Joseph E. Whitley.

Joe L. McClaugherty and Cameron Peters, McClaugherty, Silver & Dowries, P.C., Santa Fe, for defendant-appellee Daniel W. Shapiro.

Edward Ricco and James P. Bieg, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for amicus curiae New Mexico Defense Lawyers Assn.

OPINION

HARTZ, Judge.

This appeal raises questions regarding the liability of a lawyer to a non-client. In particular, if a lawyer represents a trustee, when, if ever, does the beneficiary of the trust have a cause of action against the lawyer? In the specific circumstances of this case we hold that the district court was largely correct in finding no liability, but we reverse the summary judgment in favor of the two defendant lawyers because there...

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