Breach of Fiduciary Duty: The Enduring Duty
Robert A. Borissoff v. Taylor & Faust et al., 33 Cal. 4th 523 (Cal. 2004) CA Underlying probate matters Student Contributor: Evan Michael Hess Facts: A special administrator in probate court ...
But For: Same in Transactional and Litigation Malpractice
Michael Viner et al. v. Charles A. Sweet et al. 30 Cal. 4th 1232 (Cal. 2003) CA Underlying corporate transaction Student Contributor: Evan Michael Hess Facts: Plaintiffs retained Defendant and his ...
Departing Lawyers and a Law Firm's Continuing Liability
Beal Bank, SSB v. Arter & Hadden, LLP, 42 Cal. 4th 503 (Cal. 2007) CA. Underlying collection practice Student Contributor: Evan Michael Hess Facts: Plaintiff, Beal Bank, retained Defendant law firm ...
Settle and Sue: Pennsylvania Style (Divorce action)
Martos v. Concilio, 642 A.2d 1096 (Pa. Super. Ct., 1993) Underlying PA Divorce Action. Student Contributor: Colleen Gaedcke Facts: Plaintiff retained the defendant to represent him in renegotiating a property ...
Underlying Bankruptcy and Standing to Sue
Wright v. Meyers & Spencer, LLP, 849 N.Y.S.2d 274 (N.Y. App. Div. 2d Dep’t 2007) NY Underlying Bankruptcy Action Student Contributor: Melissa Goldberg Facts: This is an action for legal ...
Withdrawal: If You Can't Do It; Get Out of It, the Right Way!
Diligence
Prohibited Transactions between Attorney-Client
Meara v. Hewitt, 455 Pa. 132; 314 A.2d 263 (1974) PA Underlying Mortgage Transaction Student Contributor: Natalie Resto Facts: The client had executed a mortgage on a real estate he ...
Mobile Non-Lawyer Employees: Conflict considerations
Phoenix Founders, Inc. v. Marshall, 887 S.W.2d 831 (1994) TX: Conflict of interest; disqualification Student Contributor: Amber R. Gilchrest* Facts: A paralegal working at the law firm of Thompson & ...
TX: Malpractice Statute of Limitations Tolls While Appeals for Underlying Case Continue
Aduddell v. Parkhill, 821 S.W.2d 158 (Tex. 1991) TX: Underlying asbestosis personal injury clam; statute of limitations Student Contributor: Jean Moss Sullivan* Facts: Plaintiff was diagnosed on April 24, 1983 ...
TX: More Erosion of the Privity Doctrine
O’Donnell v. Smith, 52 Tex. Sup. Ct. J. 52 (Tex. 2009). TX: Underlying decedent’s estate claims Student Contributor: Aaron Moncibiaz* FACTS: Executor Thomas O’Donnell sued Decedent’s former attorneys, Cox & ...