BENNETT v. GENTILE

No. 25, Sept. Term, 2023.

321 A.3d 34 (2024)

487 Md. 604

Madelyn BENNETT, Individually and as Successor Trustee of the Pauline A. Bennett Revocable Living Trust v. Thomas A. GENTILE.

Supreme Court of Maryland.

August 12, 2024.


Attorney(s) appearing for the Case

Argued by Richard E. Schimel (Law Offices of Richard E. Schimel, LLC, Bethesda, MD), on brief, for Appellant.

Argued by Brett A. Buckwalter (Craig D. Roswell of Niles, Barton & Wilmer, LLP, Baltimore, MD), on brief, for Appellee.

Argued before: Fader, C.J., Watts, Hotten, Booth, Biran, Gould, Eaves, JJ.


In this legal malpractice case by the beneficiary of an inter vivos trust against the drafting attorney, we are mainly asked to abandon or relax the rule—known as the "strict privity rule"—under which "a third party not in privity with an attorney has no cause of action against the attorney for negligence in the absence of...

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