Eric Frisch obtained summary judgment for a lawyer and his law firm in a case involving a mistake in a conveyancing deed. Plaintiff was the conservator for the seller of land. The lawyer closed on the transaction. An error in the legal description resulted in an overconveyance. The lawyer discovered the mistake later and attempted to correct it, but the conservator rejected the attempts.

The conservator sued for “negligence,” claiming that the seller relied on the attorney to draft the conveyancing deeds for her benefit. The trial court rejected this claim, ruling that in the absence of an attorney-client relationship, the closing attorney did not owe a legal duty of care to the seller. The trial court also ruled there was no evidence to support a claim of a voluntary undertaking that increased the risk of physical harm under the Restatement of Torts, 2d.