INTHE COURT OF APPEALS OF THE STATE OF WASHINGTON ROBERT E. ORDAL, trustee ofthe Robert E. Ordal, PLLC profit-sharing plan; JOHN ORDAL, trustee ofthe Pulmonary Consultants, P.C. 401 (k) profit sharing plan trust; BRAD DECKER and LAURA DECKER, husband and wife; JOY M. ORDAL, a singlewoman; VIRGINIA RYNING, a singlewoman; DAVID ORDAL, a married man as his separate estate; STUARTWALKER, a married man as his separate estate; VIKING RETIREMENT ASSETS, custodian FBO KitWright IRA #004293; and RSH GRANT, INC., a Washington corporation, Plaintiffs,

FIRSTAMERICAN TITLE INSURANCE COMPANY, a corporation, Defendant, BYONG JIK CHOI and IN SOOK CHOI, husband and wife, Appellants, CHRISTOPHER D. ADAMS and MEGAN E ADAMS, his wife, and the marital community comprisedthereof; and ADAMS & DUNCAN, INC., P.S., a Washington professional services corporation, Respondents. No. 71832-1-1 DIVISION ONE UNPUBLISHED OPINION

FILED: June 8, 2015 i CO
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Appelwick, J. — The Chois appeal the summary judgment dismissal of their legal malpractice claim. Adams, an attorney, performed certain legal services for their son when he fraudulently borrowed money in their names 

### secured by theircommercial property. The Chois fail to identify a genuine issue 

### of material fact for trial or a legal basis on which Adams owed them a duty of

care as clients or non-clients. We affirm. FACTS 

### Attorney Patrick Vail referred his client, Ron Choi ("Ron"), to attorney ChristopherAdams ofAdams & Dunn, P.S. After exchanging e-mail messages 

### with Vail, Adams exchanged e-mails with Ron. Ron told Adams that his legal
name was Byong Jik Choi and his wife's name was InSook Choi and thatthey wantedto obtain a business loan secured bytheircommercial property. AtRon's 

### request, Adams prepared four letters for two different lenders indicating that he "reviewed with Byong Jik Choi and In SookChoi the use of loan proceeds," was 

### "advised by Byong Jik Choi and In Sook Choi that all loan proceeds will be used for commercial and business investment purposes," and was "further advised that no portion of the loan proceeds will be used for personal, family or 

### household purposes." Adams billed Ron, and Ron paid Adams for some of his
work. 

### However, Byong Jik and InSook Choi are actually Ron's parents. Ron is unmarried and has no ownership interestin his parents' commercial property. By 

### presenting the letters prepared by Adams to lenders and forging his parents'No. 71832-1-1/3
signatures on promissory notes and deeds oftrust, Ron obtained loans ofmore than $550,000 and then fled to Canada. The Chois sued Adams, asserting legal malpractice and a violation ofthe 

### Washington Consumer Protection Act (WCPA), chapter 19.86 RCW. Adams 

### movedforsummaryjudgmentdismissal ofthe Chois' claims, arguing they lacked 

### standing to pursue a legal malpractice claim and they had not identified a 

### genuine issue fortrial as to whether they suffered damages in connection with their claim under the WCPA. The trial court granted Adams's motion and dismissed the Chois' claims. The Chois appeal the dismissal of their legal 

### malpracticeclaim.1 DISCUSSION 

### We review summaryjudgment orders de novo. Hadlev v. Maxwell. 144 Wn.2d 306, 310-11, 27 P.3d 600 (2001). Summaryjudgmentis appropriate only 

### where there are no genuine issues of material fact and the moving party is 

### entitled tojudgmentas a matter oflaw. CR 56(c); Peterson v. Groves, 111 Wn. App. 306, 310, 44 P.3d 894 (2002). When considering the evidence, we draw reasonable inferences in the lightmostfavorable tothe nonmoving party. Schaaf v. Hiqhfield, 127Wn.2d 17, 21, 896 P.2d 665 (1995). If a plaintiff fails to make a 

### showing sufficient to establish the existence of an element essential to that party's case, summaryjudgment is appropriate. Hiatt v. Walker Chevrolet Co..
1The Chois havefiled a motion to supplementthe record with various documents 

### concerning separate claims asserted by another party. Because such documents are not directly relevantto our review oftheorderon appeal, we deny the motion.No. 71832-1-1/4

120Wn.2d 57, 66, 837 P.2d 618 (1992). We may affirm on any basis supported bythe record. Statev. Norlin. 134Wn.2d 570, 582, 951 P.2d 1131 (1998). Legal malpractice requires a showing ofthe existence ofan attorney-client relationship giving rise to a duty ofcare on the part ofthe attorney to the client. Hizev v. Carpenter. 119 Wn.2d 251-61, 260, 830 P.2d 646 (1992). Although determining the existence ofan attorney-client relationship involves questions of fact, summary judgment is proper if reasonable minds could reach but one conclusion. Bohn v. Cody. 119Wn.2d 357, 363, 832 P.2d 71 (1992). The existence of an attorney-client relationship "'turns largely on the 

### client's subjective beliefthat itexists,'" as long as "'itis reasonablyformed based
on the attending circumstances, including the attorney's words or actions.'" jd. (quoting In re Disciplinary Proceeding of McGlothlan. 99 wn.2d 515, 522, 663 P.2d 1330 (1983)). The essence of the relationship "is whether the attorney's advice or assistance is soughtand received on legal matters." Id. Here, it is undisputed that the Chois did not believe that Adams 

### represented them inany capacity. They did not seek or receive Adams's advice
or assistance on any legal matter. Despite these facts and without citation to relevant authority or cogent argument, the Chois now claim that their subjective belief as to whether an attorney-client relationship existed is irrelevant. They assert it is enough that Adams believed he was representing them. This court 

### generally will not consider arguments that are unsupported by pertinentauthority
or meaningful analysis. Cowiche Canyon Conservancy v. Boslev. 118 Wn.2dNo. 71832-1-1/5


### 801, 809, 828 P.2d 549 (1992) (arguments not supported by authority); Saunders
v. Lloyd's of London. 113 Wn.2d 330, 345, 779 P.2d 249 (1989) (issues unsupported by adequate argumentand authority); RAP 10.3(a). Moreover, the Chois' characterization of the evidence in the record is inaccurate. Adams presented a declaration insupport of his motion for summary judgment stating that he agreed to represent and provided legal services to Ron, 

### referred to his clientbythe name provided by Ron, and "did not know that [Ron] had living parents." Nothing in the record suggests Adams believed that he represented anyone otherthan Ron and his wife, despite knowing them by other


### names. The Chois fail to identify any genuine issue ofmaterial factfor trial as to the existence ofan attorney-clientrelationship betweenAdams andthem. 

### Inthe alternative, the Chois argue Adams owed them a duty even inthe 

### absence of an attorney-client relationship. Although an attorney traditionally could be held liable for malpractice only to the attorney's own client, an attorney 

### may owe a dutyto a non-client underthe six-elementtest ofTraskv. Butler, 123 Wn.2d 835, 872 P.2d 1080 (1994). To determine whether an attorney owes the plaintiff a dutyofcare in a particulartransaction, the courtmustdetermine: 1. The extentto which the transaction was intended to benefitthe plaintiff; 2. Theforeseeability ofharm to the plaintiff; 3. The degree ofcertaintythatthe plaintiffsuffered injury; 4. The closeness ofthe connection between the defendant's conduct and the injury; 5. The policy ofpreventing future harm; andNo. 71832-1-1/6
6. The extentto which the professionwould be unduly burdened by a finding of liability. Id. Underthis test, "the threshold question is whetherthe plaintiffis an intended beneficiary ofthe transaction to which the advice pertained. Whilethe answerto this threshold question does not totally resolve the issue, no further inquiry need be made unless such an intentexists." ]a\ Again without citation to authority or the record, or reasonable analysis, the Chois claim that Adams intended to benefit them as "his believed actual clients." The record demonstrates that Ron asked Adams to prepare attorney letters to assist him in obtaining a business loan secured by his commercial property. Adams contends he did not know Ron had living parents or that he


### was using their names. There is no evidence that Ron's words or actions led Adams to believethat Ron's parents existed or would benefitfrom his services or that someone other than Ron and his wife owned the commercial property. Moreover, there is ample evidence indicating that Ron actually intended to 

### defraud the Chois and the lenders inthe transaction.2 The Chois fail to identify any evidence suggesting thatthis "transactionwas intended to benefit" them, and they cite no authority establishing that an attorney's duty to non-clients can extend to this situation. Id The trial court properly dismissed the Chois' legal malpractice claim.
We affirm. 

### 2Without citation to authority, the Chois suggest it would be "hypocritical" to determine thatAdams owed them no duty when the trial court refused to dismiss a legal malpractice claim asserted against Adams by certain lenders based on the sametransaction. As no otherparty's malpractice claims are properly before this court inthis appeal, we do notaddress this argument.No. 71832-1-1/7

WE CONCUR: 

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