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An attorney can be liable for the plaintiff’s attorneys’ fees in a legal malpractice action if the attorney intentionally breached his fiduciary duty as trustee and escrow agent, even though the attorney was not acting as the plaintiff’s attorney.

The plaintiff and his former spouse (a citizen of Spain) were in a contested divorce proceeding for custody of their daughter, a dual citizen of the United States and Spain. Case Law Alerts, 3rd Quarter, July 2016