Posts by Ben Wasserman:
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 …
- Posted on: Oct 17 2009
- one reponse
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 …
- Posted on: Oct 17 2009
- one reponse
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 …
- Posted on: Oct 16 2009
- View all 5 reponses
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. …
- Posted on: Oct 16 2009
- View all 2 reponses
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 …
- Posted on: Oct 16 2009
- Leave a reponse
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 …
- Posted on: Oct 15 2009
- Leave a reponse
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 …
- Posted on: Oct 14 2009
- View all 3 reponses
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 …
- Posted on: Oct 11 2009
- Leave a reponse
Restatement of the Law Governing Lawyers §19. Agreements Limiting Client or Lawyers Duties
1. Subject to other requirements stated in this Restatement, a client and lawyer may agree to limit a duty that a lawyer would otherwise owe to the client if: (a) …
- Posted on: Oct 10 2009
- Leave a reponse
Restatement of the Law Governing Lawyers §16. A Lawyer's Duties to a Client –In General
To the extent consistent with the lawyer’s other legal duties and subject to the other provisions of this Restatement, a lawyer must, in matters within the scope of the representation: …
- Posted on: Oct 10 2009
- Leave a reponse