Katherine Allen and Katherine Allen, P.c., Petitioners v. Jack Steele and Danette Steele, Respondents

Summary

The court held that the Steeles failed to state a claim for negligent misrepresentation because information given during an initial consultation about a potential civil lawsuit was not supplied for guidance in a business or commercial transaction. It also held that the cited Restatement provision concerning duties to prospective clients could not supply the basis for a negligent-misrepresentation claim or circumvent the attorney-client-relationship requirement applicable to legal malpractice. The court reversed and remanded for further proceedings. Justice EID, concurring, agreed with the result but emphasized that the opinion took no position on the Restatement provision’s scope in legal-malpractice actions.