The appellant paid a $2,500 retainer to a lawyer on behalf of a third party.
When the third party revoked the lawyer's authorization to speak with the appellant, the appellant sued the lawyer and his firm in Small Claims Court for the return of the funds.
The Deputy Judge dismissed the claim under Rule 12 for disclosing no cause of action.
On appeal, the Divisional Court upheld the dismissal, finding no contract existed between the appellant and the lawyer, and that the lawyer owed no duty of care to the appellant as a non-client third party.
