that these claims also not be dismissed. D. Professional Negligence Claims— Counts 7 and 12 The Trustee has brought two negligence claims. The first (Count 7) is styled as a legal malpractice claim, and is brought on behalf of the Estate Litigation Trust. The second claim (Count Twelve) is styled as a simple negligence claim, but references “professional duties of care.” Count Twelve is brought on behalf of both the Estate Litigation Trust and the Private Action Trust. The Court recommends that Count Twelve be dismissed, without leave to amend. Under Idaho law, the Trustee does not have a viable negligence claim against Ellison on behalf of the investors or creditors who have assigned their claims to the PAT. See, Harrigfeld v. Hancock, 140 Idaho 134, 139, 90 P.3d 884, 889 (2004) (<HOLDING>). While it is true that Count Twelve is not
holding that beneficiaries of an alleged will may recover reasonable expenses and attorneys fees when defending a will in good faith holding that beneficiaries could not sue attorneys of the trust for legal malpractice because beneficiaries are not direct recipients of the attorneys services holding that a direct attorneyclient relationship must exist between a plaintiff and an attorneydefendant except in the very narrow circumstance of beneficiaries under a will holding that there is no right to a meaningful attorneyclient relationship holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved