Sferlazzo v. Hogan

A-6272-96T5 (N.J. Super. App. Div. 1998) (Unpublished)
  • Opinion Date: November 13, 1998

ATTORNEYS; CONFLICTS OF INTEREST—Absent some special factor, an attorney that draws a deed, note, and other documents for a grantee-client is not responsible to the grantor.

At his client’s request, an attorney prepared a deed, promissory notes, and other papers to effect the transfer of complainant’s interest in inherited property to his own client. Apparently, the complainant alleged that the attorney committed malpractice and that she should recover damages on that basis. Under the circumstances, the Court found that there was no adequate basis upon which the complainant could reasonably have regarded the attorney to have undertaken to represent her. Further, to the extent that the complainant alleged a tort based upon a purported conflict of interest, the Court found that there was no special circumstance or relationship that could give rise to such a cause of action in this case.