Strauch v. Gross

In Strauch v. Gross (1983), 10 Ohio App.3d 303, 10 Ohio B. 507, 462 N.E.2d 433, an ex-husband brought suit against his former wife's attorney, alleging malpractice in that the attorney rejected a settlement agreement which would have been acceptable to his former wife. In finding that the ex-husband could not maintain a malpractice action against the attorney, the court stated, "Clearly, there is no privity of contract involved. Defendant apparently relies upon what he considers to be intentional conduct in causing dismissal of the dissolution proceedings because of plaintiff's insistence upon changes in the separation agreement. Whether the conduct be intentional or negligent makes no difference. Defendant owed no duty whatsoever to plaintiff with respect to the dissolution proceedings since it is clearly established that defendant represented only plaintiff's former spouse in the dissolution proceedings. Since no attorney-client relationship existed between defendant and plaintiff, there was no duty owed by defendant to plaintiff."