NY: Increased Liability for Estate Planning Attorneys
Estate of Schneider v. Finmann, Court of Appeals of New York, June 17, 2010 Facts: The defendant attorney represented decedent Saul Schneider from April 2000 to his death in October ...
Lawyer Malpractice Class #3:The Plaintiff's Causes of Action
Hofstra Law School: Lawyer Malpractice Class #3 . Suggested Readings: Fortney & Johnson, Legal Malpractice Law. Ch. 2 pp. 15-33 Here’s a rhetorical question: How many ways are there ...
NJ Supreme Court: Ferreira Conference is Not a Tolling Device
Paragon Contractors, Inc. v. Peachtree Condominium Association et al., New Jersey Supreme Court, June 28, 2010 Facts: Plaintiff Paragon Contractors, Inc. sued defendant Peachtree Condominium Association for payment for construction ...
Lawyer Malpractice Class #4: The Lawyer's Basic Duties
Duties, Competence, Diligence, Investigation, Communicate
NY: Illusion of "Factual Issues" No Bar to Summary Judgment
Benaquista v. Burke, Supreme Court of New York, Appellate Division, Third Department, June 10, 2010 Facts: Plaintiff and his mother co-owned various corporations and the Defendant attorney represented the corporation ...
Lawyer Malpractice Class #5: The Lawyer's Fiduciary Duties
Hofstra Law School Class #5 Read: Fortney & Johnson, Legal Malpractice Law, Ch. 4, pp. 101-116; 421-424. Restatement of Law Governing Lawyers §49. Breach of Fiduciary Duty–Generally In addition ...
Lawyer Malpractice Class #6 & 7 Lawyer Liability to Third Parties
Hofstra Law School Class #6 & 7 (Updated Jan. 8, 2012) Remember the Savings Bank v. Ward decision from Class #1? That case stands for the proposition that there must ...
NJ Affidavit of Merit: Now Required in Legal Malpractice Claims Against a Law Firm
Sharmrock Lacrosse, Inc. v. Klehr Harrison Harvey Bransburg & Ellers, et al (NJ App Div. 6-14-2010) NJ underlying loss of patent due to alleged attorney negligence. The Appellate Division has ...
PA: Lawyer's Fraud as Basis for Malpractice
O’Callaghan v. Weitzman, 436 A.2d 212 (Pa. Super. Ct., 1981) PA Underlying Tort Action. Student Contributor: Colleen Gaedcke Facts: The plaintiffs, husband, wife and daughter, brought a fraud and legal ...
Wisconsin: Public Policy Defense in Legal Malpractice
Bolte v. Joy, 150 Wis.2d 744,443 N.W.2d 23(Ct. App. 1989) Wis. underlying insurance claim Student contributor: Cheryl Neuman Facts: Plaintiff owned a building that was destroyed by fire and retained ...