It is fairly routine for attorneys to post content—on blogs, on social media or on their firm’s webpage—regarding legal issues or breaking news. Here is a possible scenario. After posting an article about the state’s requirements for filing a divorce, an attorney receives an emailed question from a member of the public, asking what steps are required to preserve an existing custody arrangement. The attorney replies, noting that, while the attorney cannot advise on the person’s specific situation, the factors governing custody are outlined in specific statutes and case law. Six months later, the attorney receives a demand for legal malpractice, in which that member of the public argues that she suffered an adverse decision after relying on the attorney’s article and follow-up “advice.”

While obviously such a claim would appear to have little merit or value, given the attorney’s actions, it is possible that a court would require significant discovery or litigation before dismissing the claim. Indeed, while an attorney’s liability for professional negligence is generally limited to the class of people to whom the attorney owes a legal duty to exercise ordinary care, skill and diligence, there can be situations in which an attorney faces an unexpected claim from an unexpected source.