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REYNOLDS v. SCHROCK

(CC C991357CV; CA A119200; SC S52503).

142 P.3d 1062 (2006)

341 Or. 338

Diane REYNOLDS, as Personal Representative of the Estate of Clyde G. Reynolds, Respondent on Review, v. Donna SCHROCK, fka Donna Frechette, Defendant, and Charles R. Markley; and Greene & Markley, P.C., an Oregon professional corporation, Petitioners on Review.

Supreme Court of Oregon, En Banc.

Decided September 8, 2006.

Attorney(s) appearing for the Case

Thomas W. Brown, of Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the brief for petitioners on review. With him on the brief was Wendy M. Margolis, Portland.

James E. Leuenberger, Lake Oswego, argued the cause for respondent on review. Terrance L. McCauley, Estacada, filed the brief for respondent on review.

George A. Riemer, General Counsel, Lake Oswego, filed the brief for amicus curiae Oregon State Bar.

BALMER, J.

This case requires us to determine whether a lawyer may be liable to a third party for aiding and abetting a client's breach of fiduciary duty, and, if the lawyer may be so liable, what circumstances must exist to impose liability. Plaintiff1 sued defendant for breach of fiduciary duty, and he also sued defendant's lawyer for his role in that alleged breach. The trial court entered...

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