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Legal Malpractice Archives

The Attorney-Client Agreement.

Alpert, Goldberg, Butler, Norton & Weiss P.C. v. Quinn, 410 N.J. Super. 510 (N.J. Super., App. Div. 2009) is an important case because of the way the analysis contextualizes the attorney-client relationship. The background of the case is not as ... 

The Corporate Client and Legal Malpractice.

Doebler v. Arensberg, 2010 WL 3940305, (Pa. Com. Pl. 2010) is a Lycoming,Pennsylvania case which analyzes several familiar aspects of legal malpractice. There are several conclusions to be taken away from the case. Primarily, the case concludes that even when an individual is a substantial shareholder of a corporation, they corporate entity should be the party instituting the cause of action. The second point is that the statute of limitations inPennsylvania is a strictly enforced doctrine, with a limited exception. Finally, the case stands for the proposition that allegations of damages should be pled with as much particularity as possible to avoid the label of speculative. 

The Importance of Being on Time.

Millar v. Del Sardo, A-4388-10T1, 2012 WL 1448034 (N.J. Super. Ct. App. Div. Apr. 27, 2012) is an appeal case, concerning a grant of summary judgment to a defendant. The case touches on 2 areas of law which are commonly litigated today; worker's compensation and employment discrimination. Millar, the plaintiff hired the defendant attorney Del Sardo to file an action against her former employer after she was terminated. The attorney was retained about 2 years after the firing. In the original employment case, the Plaintiff believed Del Sardo did not include wrongful termination, and failure to accommodate her disability. Eventually all of the claims were dismissed before trial. 

The Unjustified Referral Fee

Buntz v. Peperno, 2008 WL 693590, (Pa. Com. Pl. 2008) is a Lackawanna County case which examines the interaction of referrals and attorney-client fee arrangements. It is notable if only for its ordinary nature, in that it is no different than the practice undertaken by many attorneys. The underlying case giving rise to the legal malpractice was a car accident suit. The full extent of Brenda Buntz's suit was based on breach of fiduciary duty, unjust enrichment, legal malpractice, and fraud mainly. 

Protecting Legal Consumers.

In the context of attorney-client relationships, people often forget that a client is a consumer of legal services. Given the scope of this definition of consumer, it is inevitable that a client may attempt to bring a cause of action under consumer protection laws in addition to common law malpractice. Beyers v. Richmond, 594 Pa. 654 (2007) is an interesting case which considers the applicability of consumer protection statutes to legal representation which may be more deficient than allowable.

How to Get into the Right Place.

Last week, I discussed when New Jerseycourts would not have jurisdiction over a defendant attorney. It is only fitting to discuss when jurisdiction would be proper for this week. First American Title Insurance Co. v. Kapchan, A-5953-08T2, 2010 WL 1881896, ... 

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