Aggressive Advocates For Your Rights

Posts tagged "Rules of Professional Conduct"

3rd Circuit: 'Grossly excessive' fee requests can just be denied

The U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, Delaware and New Jersey, has issued an important ruling on attorney fee awards. When the requested fees are "grossly" or "outrageously" excessive, judges are not required to determine a fair amount. Instead, they have the discretion to simply disallow any fee award.

Rules of Law versus Rules of Conduct.

Smith v. Morrison, 2012Pa. Super. 105 (Pa. Super. 2012) is a case from Perry County, Pennsylvania that analyzes the jury instructions to be given during legal malpractice cases. During trials, courts will often take suggestions for instructions from each party. ... 

Sometimes...the Truth Hurts.

As discussed previously on this blog, New Jersey law often precludes recovery by a non-client against an attorney. Aside from wills, courts have also created an exception when an attorney owed a duty to a non-client by virtue of being aware of something the non-client could not have found out. Davin, L.L.C. v. Daham v. Kress et al., 329 N.J. Super. 54 (NJ Super. App. 2000) is a case with a complex set of facts, and two legal malpractice actions. The attorneys being sued were Ahmad Daham's attorneys as well as the attorneys who represented Kress.

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