Absent Class Members Can’t Sue Attorneys for Malpractice

Attorneys who settled sexual abuse claims on behalf of named plaintiffs didn’t have a fiduciary duty to absent class members because a class was never certified, the Kentucky Court of Appeals said Feb. 8.

Therefore the absent class members can’t bring malpractice claims against the attorneys for abandoning the class claims, Judge Sara Walter Combs wrote for the court.

An attorney-client relationship doesn’t begin until a class has been certified and the opt-out period has ended, the court said citing a 2007 American Bar Association opinion.

The original class action alleged the Lexington Fayette Urban County Government violated the plaintiffs’ ...