Second Circuit Maintains Privity Requirement for Breach of Fiduciary Duty Claim Arising From Class Action Litigation, ABA LPL eAdvisory

By Brett A. Scher
(December 2005)

The U.S. Court of Appeals for the Second Circuit has reinforced the privity requirement under Texas law barring claims for breach of fiduciary duty against attorneys absent an attorney-client relationship. Noting that counsel for the class in a class action does not enter into an attorney-client relationship with unnamed class members before the class is certified, the Court of Appeals held that the attorney also owes no fiduciary duty, independent of an attorney-client relationship, to any unnamed class member prior to class certification.

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