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Mistakes Do Not Equal Malpractice

In Composition Roofers Local v. Bernard N. KATZ, Esq. and Meranze and Katz, the court held that an attorney who advised a Union it could lawfully pay the attorneys' fees to defend its officers charged with criminal activity was not negligent when it turned out his advise was erroneous. This was because there was no clear statement of the law on which the attorney could base his recommendation and such, his advice was not negligent, simply poor advice. 

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. 

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