Legal Services Do Not Create Third-Party Duties
An attorney may draft a will, create a trust, or advise a fiduciary. That work alone does not create a legal duty to people who might benefit from the estate or trust.
This is an important boundary. Without it, beneficiaries could sue an attorney over advice given to the person who hired them.
Except as prescribed pursuant to section 14-1104 and absent an express agreement to the contrary, the performance by an attorney of legal services for a fiduciary, settlor or testator does not by itself establish a duty in contract or tort or otherwise to any third party.
A.R.S. § 14-5652(A)The attorney's client is the person who hired them. Without an express agreement, third parties cannot hold the attorney responsible.
In other words, an attorney acting in good faith owes their duty to the client. They do not owe it to every potential beneficiary.
Disclosure When an Attorney Becomes the Fiduciary
The rules change when an attorney takes on a fiduciary role. If an attorney serves as a personal representative or trustee, they must share key information with all adult beneficiaries.
This means they must disclose the names of any person they now represent or have represented before. They must put this in writing within a reasonable time.
An attorney who acts as a personal representative or trustee shall disclose to all adult persons who have an interest in the estate or trust the names of any person who has an interest in that estate or trust to whom the attorney is currently rendering or has in the past rendered legal services.
A.R.S. § 14-5652(B)Having represented someone with an interest does not bar the attorney from serving. The attorney can only be removed if their fiduciary duties conflict with ethical duties to that client.
This balance protects beneficiaries through openness. It also allows qualified attorneys to serve in dual roles when no actual conflict exists.