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HARRIGFELD v. HANCOCK

No. 29445.

90 P.3d 884 (2004)

140 Idaho 134

In the Matter of the Order Certifying Question of Law to the Idaho Supreme Court. Terri HARRIGFELD and Sara Harrigfeld, Plaintiffs-Appellants, v. J.D. HANCOCK and Smith, Hancock & Zollinger, a partnership, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 2003 Term.

January 29, 2004.

Attorney(s) appearing for the Case

Ellis, Brown and Sheils, Chtd., Boise, for appellants. Allen B. Ellis argued.

Benoit, Alexander, Sinclair, Harwood & High, L.L.P., Twin Falls, for respondents. Thomas B. High argued.

EISMANN, Justice.

This is a certified question of law from the United States Court of Appeals for the Ninth Circuit regarding whether a direct attorney-client relationship is required to exist in order for the intended beneficiary of testamentary instruments to sue the attorney who drafted the instruments for malpractice. We hold that it is except in a very narrow circumstance.

I. FACTS AND PROCEDURAL HISTORY

In December 1992, the defendant-respondent...

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