Aggressive Advocates For Your Rights

August 2011 Archives

Foreclosure Fraud Meets Malpractice

"In her relationship with HSBC, Doyle essentially abdicated her professional judgment to a black box." This line came from Circuit Judge Fuentes and summarizes not only this case, but the large scale Mortgage Fraud that has run rampant in our ... 

Foreclosure Fraud Meets Malpractice

"In her relationship with HSBC, Doyle essentially abdicated her professional judgment to a black box." This line came from Circuit Judge Fuentes and summarizes not only this case, but the large scale Mortgage Fraud that has run rampant in our society today. The case In re: Niles C. Taylor; Angela J. Taylor, is a snapshot of why so many people are having so many issues with paying their foreclosures today and it is largely because lawyers and entire firms are ignoring the professional rules of conduct. United States Court of Appeals for the Third Circuit, No. 10-2154 (March, 2011). 

Conciseness is Still Key: How Being Too Wordy Leads to Malpractice

"A Concise Statement which is too vague to allow the court to identify the issues raised on appeal is the functional equivalent to no Concise Statement at all." Commonwealth v. Dowling, 778 A.2d 683, 686-87 (Pa. Super. 2001). Had the attorneys ... 

Protected Mediations and Filing Suit Against Court Clerks

Law firms accused of malpractice have one less tool in their defense, as they cannot sue the Court to reconsider subpoenas made by Court clerks. The present case illustrate a consequence of that holding- that the contents of mediation may ... 

Protected Mediations and Filing Suit Against Court Clerks

Law firms accused of malpractice have one less tool in their defense, as they cannot sue the Court to reconsider subpoenas made by Court clerks. The present case illustrate a consequence of that holding- that the contents of mediation may now remain forever unknown to outside parties. In early August, the 3rd Circuit Court of Appeals ruled that McKissock & Hoffman-which was accused of turning down a $25 million settlement offer-could not take the deposition of the chief mediator. This mediator would, according to the firm, have testified that the $25 million offer was never made. 

A Victory for the Malpractice Plaintiff

Legal malpractice plaintiffs gained a powerful bit of case law when the New Jersey Supreme Court handed down its ruling in 2010's Guido v. Duane Morris. There, the plaintiffs sought to sue their former lawyers for malpractice over a settlement the plaintiffs themselves accepted after mediation two years before. In its decision, the Court held that former clients can overcome a motion for summary judgment and proceed to trial in hopes to proving that a settlement they agreed to would have been better had their lawyers not acted negligently.

The Perils of Contract-Writing

In 1975, Rocco J. Fiorentino and John Converse founded a company that specialized in servicing restaurant equipment, installing serviced equipment for manufacturers, selling equipment, leasing equipment, and designing and drafting equipment. Previously, Converse had been Fiorentino's supervisor at another company ... 

The Perils of Contract-Writing

In 1975, Rocco J. Fiorentino and John Converse founded a company that specialized in servicing restaurant equipment, installing serviced equipment for manufacturers, selling equipment, leasing equipment, and designing and drafting equipment. Previously, Converse had been Fiorentino's supervisor at another company and was ten years his senior. Each partner contributed approximately $300 in startup capital. Three years later, J&R was incorporated and Fiorentino and Converse were each issued 2,500 shares of stock in the company. J&R became successful, soon boasting several national accounts and serving restaurants like Pizza Hut and McDonalds. Over its ten years of operation, J&R yielded approximately $3.5 million in gross revenues. 

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