Paul H. Smith, Petitioners v. Thomas O’donnell

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment, holding that an executor may sue a decedent's attorneys for legal malpractice even when the alleged negligence occurred outside the estate‑planning context. The Court reasoned that such claims are survivable and that the privity barrier articulated in Barcelo does not preclude an executor's action. The Court also affirmed the summary‑judgment ruling on the malice element, finding no evidence of extreme risk or conscious awareness. Justice Willett dissented, arguing that Barcelo's general privity rule should bar the executor's claim.