MI: No Malpractice for Lawyer Advised Perjury
Pantely v Garris, Garris & Garris, PC, 180 Mich App 768, 773; 447 NW2d 864 (1989) MI: Underlying uncontested divorce Student Contributor: Matthew Feinbloom Facts: A couple was getting divorced ...
NY: No Retainer, No Fees?
Cruciata v. Mainiero, Supreme Court, New York County, January 14, 2011. Facts: Plaintiff contended that she did not owe Defendant attorney, her former counsel, the legal fees he collected from ...
NJ: Court Refuses to Apply Common Knowledge Exception, Dismisses Claim for Failure to Provide Affidavit of Merit
Prosser v. Zeldin, NJ App. Div., December 30, 2010. Facts: Plaintiff filed suit against his attorney in the underlying divorce action. Plaintiff alleged he was "coerced into agreeing" to the divorce ...
GA: Suing for fees: A New Twist?
Levine v. Television Cablecasting, Inc., 581 S.E.2d 734 (2003) GA: Underlying divorce action Student Contributor: Farah Shahidpour Facts: Wife inherited title to a farm. She later transferred title to Television ...
FL: No Jurisdiction, Even where Effects of Injury are felt in FL
Hirsch v. Weitz, 16 So.3d 148 (Fla. App. 2009) FL: Underlying divorce, negotiated marital settlement agreement Student Contributor: Farah Shahidpour Facts: Client hired a NY Attorney to represent him in ...
CT: Public Defender Immunity from Legal Malpractice Claims
Gombert v. Herzner, Conn. Super., September 9, 2010 (Unpublished) CT: Underlying child abuse case Facts: Plaintiff filed a complaint against defendant, who was appointed by the court as an attorney ...
NJ: No Duty to the Guarantor Who Pays Client Legal Fees
DeAngelis v. Rose, 320 N.J. Super. 263, 727 A.2d 61 (App. Div. 1999) NJ Underlying Divorce Action Student Contributor: Evan Kusnitz Facts: A father guaranteed in writing his daughter’s fees for her ...
Third Circuit: Applies Baxt and Distinguishes Petrillo
Flaherty-Wiebel v. Morris, Downing & Sherred, Court of Appeals, Third Circuit, June 10, 2010 Facts: At the request of their client, Wiebel (Plaintiff’s former husband), the Defendant attorneys drafted a pre-nuptial ...
Settle and Sue: Pennsylvania Style (Divorce action)
Martos v. Concilio, 642 A.2d 1096 (Pa. Super. Ct., 1993) Underlying PA Divorce Action. Student Contributor: Colleen Gaedcke Facts: Plaintiff retained the defendant to represent him in renegotiating a property ...
PA: Settlement Not Always a Bar to Malpractice Action
McMahon v. Shea, 547 Pa. 124 (1997) Student Contributor: Justin Lieberman Underlying Divorce Matter Facts: The husband in an underlying divorce action brought a professional malpractice suit against his attorneys, ...