NY: The Professional Judgment Rule
DePouli v. Barasch, McGarry, Salzman & Penson, New York Supreme, New York County, January 24, 2011. Facts: Defendant law firm participated in an information session given by the New York ...
NY: Termination of Representation, An Issue of Credibility?
McCann v. Manheimer, New York Supreme, Nassau County, January 10, 2011. Facts: Plaintiff filed suit for legal malpractice against her former attorneys. Defendant attorneys moved for summary judgment on the ...
Settle and Sue, Michigan Style
Laethem Equipment Co. v. Currie Kendall, P.L.C., Court of Appeals of Michigan, January 13, 2011. Facts: Plaintiffs settled an underlying family dispute and then sued Currie Kendall for legal malpractice ...
GA: Active Practice of Law is a Prerequisite for Expert Witnesses
Wilson v. McNeely, Court of Appeals of Georgia, January 24, 2011. Facts: McNeely represented Wilson in the purchase of a parcel of real property. Shortly thereafter, Wlson brought a malpractice ...
NJ: Mandatory Hearing for Ineffective Assistance of Counsel in Deportable Crimes
State of New Jersey v. Frensel Gaitan, Appellate Division, February 7, 2011. Underlying case: Ineffective Assistance of Counsel, Criminal Defense Facts: Defendant pled guilty to third-degree distribution of a controlled ...
NJ: Waiver of Attorneys' Fees Must Be Clear and Unambiguous in Settlement Agreements
Iram P. Valentin and Edward Patrick Abbott NJ: Settlement Agreements; Attorneys Fees The New Jersey Appellate Division reiterated the need for care in addressing the issue of attorney’s fees in settlement ...
DC: Brand New Claim Against Lawyers? "Tortious Involvement in Litigation"
Perry v. Scholar, U.S.D.C., District of Columbia, March 19, 2010. Facts: From 1985-2005, Perry, an accountant, served as a paid plan administrator for a pension plan. At the same time, ...
NJ: Olds v. Donnelly Alive and Well, Entire Controversy Doctrine No Bar to Legal Malpractice Actions
Sklodowsky v. Lushis, N.J. App. Div., February 2, 2011. Facts: After a real estate deal went sour, plaintiff filed suit against the prospective buyer and sought a judgment permitting him ...
PA: Circuit Court Comments on the Need for a Certificate of Merit
Donnelly v. O’Malley & Langan. P.C., U.S. Court of Appeals, Third Circuit (March 16, 2010). Facts: Donnelly filed an action for legal malpractice against his former attorneys who had represented ...
WY: Establishing Proximate Cause
Rivers v. Moore, Myers & Garland, LLC, Supreme Court of Wyoming, Appellate Division, July 28, 2010. Facts: Rivers alleged that the Defendants committed malpractice by failing to adequately warn him of ...