Legalmalpractice.com

NC: Still Some Justice Yet: Heart Attacks Provide Adequate Basis …

WEBWilkins v. Safran, 185 N.C.App. 668, 649 S.E.2d 658 (2007) NC: Underlying Construction Litigation. Student Contributor: Vanessa L. Wachira. Facts: After Rennie L. Wilkins …

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NY: Attorney's Selection of One Among Several Reasonable …

WEBHolschauer v. Fisher, 5 AD 3d 553 (2nd Dept. 2004) NY: Underlying Professional Misconduct Hearing. Student Contributor: Mordechai Goldenberg. Facts: Plaintiff is a …

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NJ Affidavit of Merit: Who Can Sign It

WEBScott v. Calpin, U.S. District Court, New Jersey, March 2, 2010. Facts: The Defendant attorney moved to dismiss a professional negligence action against him for failure to …

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Liability to Prospective Clients: The Non-Engagement Letter

WEBTogstad 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 …

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NJ: Time Limits That Can Bite You, When You Least Expect it

WEBBarry v. Barry, App. Div. of N.J., October 29, 2010 (Unreported) NJ: Underlying Matrimonial Case. Facts: The Plaintiff’s former law firm appeals an order …

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N.H. Times Up–Statute of Limitations

WEBDraper v. Brennan, 142 N.H. 780 (1998) N.H.: Underlying Employment Litigation. Student Contributor: Jason W. Hake. Facts: A former client commenced a legal malpractice …

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IL: Suicide as a Proximate Cause of Lawyer Malpractice

WEBCleveland v. Rotman, 297 F. 3d 569 (7th Cir. 2002) IL: Underlying tax advice. Student Contributor: Clem Durham. Facts: In 1996 Cleveland retained Rotman for advice in …

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Workers Comp Liens on Legal Mal Actions: The Way it Used to Be

WEBWausau Ins. Companies v. Fuentes, 215 N.J. Super. 476, 522 A.2d 440 (1986). NJ Underyling Worker’s Compensation Lien on legal mal cause of action . Student …

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MD: Discovery Rule and its Limits

WEBBank of New York v. Sheff, 382 Md. 235, 854 A.2d 1269. MD: Underlying Bond Issuance. Student Contributor: Vanessa L. Wachira. Facts: In a complex sale of nearly $50 million …

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NY: Fee Dispute, Malpractice, and Res Judicata

WEBLiberty Associates v. Etkin, 2010 NY Slip Op 225 (2nd Dept. Jan. 10, 2010). Facts: In March, 2002, the plaintiff, Liberty Associates, commenced an action to recover damages …

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BENNETT J. WASSERMAN, ESQ.

WEBExpert consulting and testimony is provided in the areas of legal malpractice, legal ethics, law firm billing standards and practices and attorney advertising compliance. Bennett J. …

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Dissatisfaction with Settlement Agreement: Grounds for Legal

WEBNewell v. Hudson, 376 N.J. Super. 29, 868 A.2d 1149 (App. Div. 2001). Student Contributor: Natalie Resto. NJ Underlying matrimonial action. Facts: Hudson, an …

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Legal Malpractice & Expert Witness Services Editorial Board Law …

WEBPhilip C. Chronakis is a founding member of Chronakis, Siachos & Kaplan, LLC, a premier boutique litigation firm with offices in New Jersey and New York City. Phil has extensive …

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NJ: The Importance of Interpretation

WEBCarney v. Finn, 367 A.2d 458 (1976) NJ: Underlying Workmen’s Compensation case. Student Contributor: Laura Binski. Facts: In June of 1972, a lawyer handled three claim …

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Settle and Sue: Where it all Began in New Jersey

WEBZiegelheim v. Apollo, 607 A.2d 1298, 128 N.J. 250 (N.J. 1992) NJ Underlying Divorce Action Settlement. Student Contributor: John Anzalone Facts: Plaintiff discussed her …

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FL: Sued by Client at the Last Minute; Will my Soon to Expire …

WEBGulf Insurance Co. v. Dolan, Fertig and Curtis, 433 So. 2d 512 (Fla. 1983) FL: Underlying Malpractice Claim Insurance Coverage Student Contributor: David Drescher FACTS: …

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Insurance Coverage: Make it Clear and Understandable

WEBJolley v. Marquess, 393 N.J.Super. 255 (App. Div. 2007) NJ Underlying automobile negligence action; insurance coverage for malpractice. Student Contributor: …

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NY: Do Attorneys Owe a Fiduciary Duty to Limited Partners

WEBEurycleia Partners, LP v. Seward &Kissel, LLP, 12 N.Y.S. 3d 553(2009) NY: Underlying Securities Fraud Student Contributor: Mordechai Goldenberg Facts: Plaintiffs …

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Law of the Case Doctrine: Not Always a Viable Defense

WEBSpeeney v. Powers, et al., United States Court of Appeals, Third Circuit, March 11, 2010. Facts: Appellants were alleged victims of harassment by a university …

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CT: Tolling Statute of Limitations When There is Continuous

WEBFarnsworth v. O’Doherty, 85 Conn. App. 145, 856 A.2d 518 (2004). CT: Underlying negligence case. Student Contributor: Laura Binski . Facts: In 1994, the clients hired the …

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Smith v. Spisak: Supreme Court Bars Ineffective Assistance of …

WEBSmith v. Spisak, 130 S.Ct. 676 (Jan. 12, 2010).. Underlying Criminal Matter. Facts: Frank G. Spisak, Jr. was convicted in an Ohio trial court of three murders and two attempted …

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NC: Civil Procedure 101: Forgetting the Basics Could Cost You

WEBBolton v. Crone, 162 N.C. App. 171, 589 S.E.2d 915 (2004) NC: Underlying Real Estate Transaction. Student Contributor: Vanessa L. Wachira. Facts: In September 2002, Billy …

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