Aggressive Advocates For Your Rights

December 2011 Archives

Being Guilty Matters

There are two take away points to be learned from Marrero v. Feintuch, that someone in a legal malpractice/ professional negligence case need not prove actual innocence of criminal charges as a prerequisite to pursue his claims against his former criminal defense counsel but also his guilt may be considered relevant to the attorneys' defense.

Referrals: Not Illegal To Try

In Bourke v. Kararas, a client brought actions alleging negligence, vicarious liability, and breach of contract against a bar association's lawyer referral service for referring her to an attorney who committed malpractice by failing to file her suit within the applicable statute of limitations. 746 A.2d 642, (Pa.Super 2000). The Superior Court held that the client did not state a claim that the bar association's lawyer referral service was negligent in referring her to the attorney. The reasoning for this was because the court deduced that to allow such an action would inhibit lawyers and bar association in providing referrals.

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