Scholler v. Scholler

In Scholler v. Scholler (1984), 10 Ohio St.3d 98, 10 Ohio B. 426, 462 N.E.2d 158, a mother, both individually and on behalf of her minor son, brought suit against her former attorney for services he provided during her separation from her husband. The complaint contained a claim that the son was also entitled to recover for the attorney's malpractice. The mother argued that an attorney is liable to a minor child when the attorney negligently negotiates and prepares the child support provisions of a separation agreement. The Supreme Court of Ohio disagreed and determined that there was no privity between the mother and son for purposes of the son's malpractice claim. In so finding the Court stated, " the interests of a spouse in a separation agreement leading to the dissolution of marriage are not the same as those of a minor child of a marriage. As such, an attorney who represents a spouse in the negotiation of a separation agreement does not simultaneously, automatically represent the interests of a minor child of the marriage." Scholler at 104.