Joseph Francoeur (Partner-New York, NY) achieved early dismissal of a legal malpractice claim filed against a Florida attorney who represented a lessor in lease negotiations for a property in New Jersey. The plaintiff, the non-client lessee, alleged that the attorney failed to advise of the terms of an accompanying easement at the time of the lease negotiations, and filed a lawsuit against the attorney and various other parties, including its own attorney, in New Jersey State Court. Joe filed a pre-answer motion to dismiss, arguing that as the attorney did not represent the plaintiff in the lease negotiations there is no duty owed to the non-client. The plaintiff opposed the motion claiming reliance on the attorney’s representations regarding the easement terms and further claimed that the attorney engaged in the unauthorized practice of law within New Jersey. Joe responded by asserting that at the time of the lease negotiations plaintiff and its attorney had actual knowledge of the terms of the easement and further that there was no unauthorized practice of law as the attorney worked with local New Jersey counsel throughout the negotiations and subsequent drafting of the lease. The court agreed with each of Joe’s arguments finding that the attorney does not owe any duty to the non-client plaintiff and that the attorney did not engage in the unauthorized practice of law. Accordingly, the court granted Joe’s motion dismissing the complaint.