Which action by a lawyer could give rise to tort liability to a third party?

• A. A negligent misstatement to the third party
• B. The lawyer acts in good faith and provides accurate advice
• C. The lawyer refuses to communicate with the third party
• D. The lawyer discloses confidential information to the client

Answer: (A)

The action that could give rise to tort liability to a third party is a negligent misstatement to a third party. When a lawyer communicates something false or misleading to someone outside the client, and that person reasonably relies on it to their detriment, the lawyer can be liable in tort for negligent misrepresentation. The duty here arises from the foreseeability that the third party will rely on the lawyer’s statements in making decisions, even though the lawyer’s primary duty is to the client.

Providing accurate advice in good faith does not create liability; it shows proper professional conduct. Refusing to communicate with a third party is not a torts-based liability scenario, though it may raise ethical concerns. Revealing confidential information to the client would generally concern confidentiality or ethical rules, not tort liability to a third party.