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Posts tagged "Legal Malpractice"

Precision wording....the key to law.

Sims v. Budd Lerner P.C., 2012 WL 4741587, (Super.Ct., App. Div. N.J. Oct. 5, 2012) is a case which examines the legal malpractice case within the scope of a post-divorce settlement agreement. The Plaintiff hired the defendant attorneys in relation to a post-judgment matter. 

Finding Your Way to a New Venue.

Lay et al. v. Bumpass, CA: 3:11-CV-1543 (M.D.P.A. 2012) is a case which examines the correct place to file a complaint for legal malpractice. This particular decision was based in part on the filing of the complaint in the Middle district of Pennsylvania based on diversity, meaning the plaintiffs were citizens making an allegation against a Defendant from a different state. The facts of the case are below.

The Meaning of Esoteric.

Vazquez v. Macri et al., No: A-3572-10T1 (N.J. Super. 2012) is a New Jersey state case which discusses when an expert is needed to define the professional standard of care. In the original trial, the case was dismissed in the defendant attorney's favor because no expert witness was produced. On appeal, the Plaintiff's main argument was that lay jurors could replace experts in this limited circumstance. The appeals court showed particularly why pre-litigation discovery, specifically depositions are so important in proper case preparation.

The Attorney-Client Privilege: It's Place in Legal Malpractice.

Often times, the attorney-client relationship is noteworthy for the confidentiality which is imbued within communications between the parties. Thus, when a plaintiff files a legal malpractice action, certain privileges relating to representation are automatically waived. What those privileges are is not always the same. This issue is seen in an order fromO'Kinsky v. Perrone, CA: No. 10-6075, Memorandum Order (October 11 2012, E.D.P.A.).The case was a malpractice action filed against a defendant law firm, but did not include the lawyer who actually represented the plaintiff. During the ensuing deposition, defendants' attorneys asked questions of the plaintiff which were objected to on the basis of attorney-client privilege.

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. ... 

The Joy of Marriage...and Legal Malpractice.

Flaherty-Wiebel v. Morris, Downing, Sherred, 384 F. Appx. 173(3rd Cir. 2010) is a legal malpractice case which analyzes the scope of an attorney-client relationship. The center of the case was a pre-nuptial agreement which provided ... 

Every Hurdle Must be Cleared to Win in Legal Malpractice.

Hedinger & Lawless, LLC v. Betal Enterprises Inc., 2011 WL 813047, (Super Ct. NJ, App. Div. 2011) is a case which examines the definition of the attorney-client relationship, and specifically how it is instrumental in legal malpractice actions. The determination ... 

Custody and Legal-Malpractice; Unfamiliar Foes.

Abeln v. Eidelman, 2012 WL 1379516 (Pa. Com. Pl. 2012) is a legal malpractice case out of Lehigh county,Pennsylvania. The case is different than those normally spoken about because it primarily involved representation related to a custody dispute. The child's ... 

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 ... 

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