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Breach of Fiduciary Duty in Legal Malpractice: Yea or Nay?
During one of our recent class meetings at Hofstra Law School, we discussed the different causes of action that are typically brought in legal malpractice lawsuits. We saw in Fiorentino ...
Legal Malpractice: For Not Blowing the Whistle on Your Referring Attorney?
Estate of Spencer v. Gavin, 400 N.J. Super 220, 946 A.2d 1051 (App Div. 2008) NJ Underlying Wills, Trusts & Estates. Facts: Gavin and Averna, had their law offices in ...
Assigning Your Legal Malpractice Claims: "Hidden Treasure" in Tough Times ?
Hedlund Mfg. Co., Inc. v. Weiser, Stapler & Spivak, et ano. 517 Pa. 522, 539 A.2d 357 (1988) Facts: Martin hired attorney Spivak to apply for a patent for a ...
Sharing Malpractice Liability Between Out-of-State and Local Counsel
Connell, Foley & Geiser, LLP v. Israel Travel Advisory Service, Inc.,377 N.J. Super. 350, 872 A.2d 1100 (App. Div. 2005) NJ Underlying litigation Student Contributor: Dannis Le, Class of 2009. ...
Duties that Survive the Attorney-Client Relationship
Gilles v. Wiley, Malehorn & Sirota, 345 N.J. Super. 119, 783 A.2d 756 (N.J.Super.A.D., 2001) NJ Underlying case: Litigation; Medical Malpractice Student Contributor: Geri Mulligan Facts: Lawyer represents plaintiff in ...
Liability to Prospective Clients: The Non-Engagement Letter
Togstad v. Vesely, Otto, Miller & Keef 291 N.W.2d 686 (Min. 1980) Facts: Plaintiff had consulted with an attorney about bringing a medical malpractice claim. At the conclusion of the ...
Ineffective Assistance of Counsel: Legal Malpractice reaches the High Court
Padilla v. Kentucky, Argued before the US Supreme Court Oct. 13, 2009 (PDF) Does a lawyer’s wrong advice to a client, a permanent resident alien, to plead guilty to a ...
Settlement to Mitigate Damages Will Not Preclude Legal Malpractice Action
Prospect Rehabilitation Services, Inc. v. Squitieri, 392 N.J. Super. 157 (App. Div. 2007) NJ Underlying Commercial Action Student Contributor: Melissa Goldberg Facts: Plaintiff sued a nursing home for overpayment of ...
Restatement of the Law Governing Lawyers §20. A Lawyer's Duty to Inform and Consult with a Client
A lawyer must keep a client reasonably informed about the matter and must consult with a client to a reasonable extent concerning decisions to be made by the lawyer under ...