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A successor fiduciary exception to privity allows a successor trustee to pursue a malpractice claim on behalf of the estate.
This is consistent with precedent that establishes a successor trustee stands in the shoes of a predecessor regarding the attorney-client privilege.
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The legal services concerned trust administration, trust tax obligations, Clark’s ability to serve as trustee, and the effect of actions taken to remove her as trustee.
Although attorney malpractice suits typically require privity between the plaintiff and the attorney, the trustee context is different.
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