W.VA: State Appointed Counsel, State Funded Legal Malpractice Defense
Powell v Wood County Com’n, 209 W Va 639, 550 SE2d 617 (2001) Underlying: W VA – family law Student Contributor: Tolu Akinsanya Facts: James M. Powell of the Powell ...
NJ: Clock doesn't start until post conviction relief is received
McKnight v. Office of Pub. Defender, 197 N.J. 180 (2008) NJ: Underlying criminal defense Student Contributor: Rachel Vincent Facts: Former client whose guilty plea was set aside, is suing attorney, ...
CA:SLAPP: In House Lawyer Liability to Employer
Fremont Reorganizing Corp. v. Faigin, 198 Cal. App. 4th 1153 (2011) CA: Attorney client relationship Student Contributor: Mordechai Buls Facts: Plaintiff, a former in-house attorney, sued Defendant for wrongful termination. Defendant ...
NJ: When is a retainer agreement unenforceable?
Alpert, Goldberg v. Quinn, 983 A. 2d 604 – NJ: Appellate Div. 2009 NJ: attorney client retainer agreement Student Contributor: Christine Maharaj Facts: In the attorney-client retainer agreement the firm ...
NY: In House Counsel is Fiduciary First, Employee Later
Keller v. Loews Corp., 895 NYS 2d 376 (2nd Dept. 2010) Facts: In house counsel sued for religious discrimination after the termination of his employment. The defendant counterclaimed for breach of ...
Vicarious Liability: The "Of Counsel" Relationship
Staron v. Weinstein, 305 N.J. Super. 236 (App. Div. 1997). Student Contributor: Daniel Schick NJ Underlying Personal Injury Action Facts: Staron was allegedly injured in an auto accident in October, ...
Ineffective Assistance of Counsel: Bar to Civil Action for Legal Malpractice
Alevras v. Tacopina, 399 F.Supp.2d 567 (D.N.J. 2005) NJ Underlying criminal action Student Contributor: Colleen Gaedcke Facts: The plaintiff was indicted and prosecuted on various counts of criminal violations in ...
NY: No Liability for Predecessor Counsel
Katz v. Herzfeld & Rubin, P.C., 853 N.Y.S.2d 104 (2 Dept. 2008) NY Underlying Personal Injury Action Student Contributor: Jason Klein Facts: Plaintiffs retained Defendant attorneys as counsel for a personal ...