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PEDERSON v. BARNES

No. S-11621.

139 P.3d 552 (2006)

Lawrence A. PEDERSON and Paul J. Nangle, Appellants, v. Brienne BARNES and James A. Aiken, Appellees.

Supreme Court of Alaska.

July 21, 2006.

Attorney(s) appearing for the Case

R.N. Sutliff, Anchorage, for Appellants.

Edmond W. Burke, Burke & Bauermeister, P.L.L.C., Anchorage, for Appellee Brienne Barnes.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

This case presents two new questions of law. First, in which circumstances is a guardian's lawyer liable to the ward for the guardian's wrongdoing? We adopt the Restatement standard and conclude that liability exists only if the lawyer knew or had reason to know of the wrongdoing. Second, which liability regime applies in duty-to-protect cases? Based on the legislative history behind AS 09.17.900...

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