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 ...
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) ...
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: ...
Restatement of the Law Governing Lawyers §14. Formation of a Client-Lawyer Relationship
A relationship of client and lawyer arises when: 1. a person manifests to a lawyer the person’s intent that the lawyer provide legal services for the person; and either (a) ...
Expert Witness Opinions: the NJ Net Opinion Rule
Kaplan v. Skoloff & Wolfe, P.C. 770 A.2d 1258 (N.J.Super.A.D., 2001) NJ Underlying Divorce Action Settlement Student Contributor: John Anzalone Facts: Attorney represented Plaintiff in a divorce proceeding. Plaintiff alleged ...
Settled for Less? Sue for Malpractice
Hernandez v. Baugh, 401 N.J. Super. 539; 951 A.2d 1095 (App. Div. 2008) NJ Underlying commercial transaction, real estate. Student Contributor: John Anzalone Facts: Plaintiff consulted with attorney to represent ...
No Indemnification under N.J.S.A. 18A:16-6 for Defense Costs Incurred by Attorneys in Malpractice Actions
Sahli v. Woodbine Board of Education, 386 N.J.Super. 533, 902 A.2d 296 (App. Div. 2006) NJ Underlying Subrogation Action Student Contributor: Jason Klein Facts: The Woodbine Board of Education entered ...