Counsel does not make actionable representation to opposing counsel when he signs agreement approved as to form and content

(Attorney Representation)  Counsel does not make actionable representation to opposing counsel when he signs agreement approved as to form and content.  Gary A. Freedman v. Mark Brutzkus,  2010 DJDAR  3763  (March 11, 2010). 

This California appeals court was asked to decide whether or not the signature block on a contract which bears an attorney signature under the legend “Approved as to Form and Content” may amount to an actionable representation to an opposing party’s attorney.  The appeals court concluded that it did not.  It found that the recital indicated that an attorney has advised or is advising his or her own client of the attorney’s approval of a document’s form and content, it is not, by itself, operate as a representation to an opposing party’s attorney that can provide a basis for tort liability against an attorney. 

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