Nigel L. Scott v. Janice Burgin
97 A.3d 564
D.C.2014Background
- Scott and the Yallery and Scott Law Firm represented Woodruff in a divorce; Burgin was not a client.
- Woodruff and Burgin had a long-term relationship; Burgin sought divorce to enable marriage and survivor benefits.
- Burgin escorted Woodruff to a January 2007 meeting; Woodruff signed a divorce retainer; Burgin handled paperwork for Burgin’s purposes.
- Woodruff designated Burgin as beneficiary for pension survivor benefits and life insurance; Woodruff died in 2008 without a finalized divorce.
- OPM denied Burgin survivor benefits in 2009; Burgin sued Scott for legal malpractice and breach of contract as third-party beneficiary; jury awarded damages.
- The court held Burgin lacked standing and that Scott owed no duty to Burgin as a third-party beneficiary; judgment reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue for malpractice | Burgin argued she is a third-party beneficiary with rights. | Scott maintained no privity and no duty to Burgin. | Burgin cannot recover; standing denied. |
| Duty to a nonclient third party in divorce | Duty may extend to the intended beneficiary of services (fiancée). | Privity and policy prevent extending duty to Burgin. | Duty not extended; no liability to Burgin as third-party beneficiary. |
Key Cases Cited
- Hopkins v. Akins, 637 A.2d 424 (D.C. 1993) (beneficiaries may not sue attorney for personal representative's actions)
- Needham v. Hamilton, 459 A.2d 1060 (D.C. 1983) (intended beneficiaries may sue; privity limitations apply)
- Fort Lincoln Civil Ass’n v. Fort Lincoln New Town Corp., 944 A.2d 1055 (D.C. 2008) (third-party beneficiary theory in privity analysis)
- Lucas v. Hamm, 364 P.2d 685 (Cal. 1961) (duty to beneficiaries of wills described)
- Glanzer v. Shepard, 135 N.E. 275 (N.Y. 1922) (earlier framework on third-party beneficiary liability)