Matthew B Weisberg

July 02, 2024 | The Legal Intelligencer

What is the requirement for causation in a legal malpractice case?

By Matthew B. Weisberg

2 minute read

June 14, 2024 | The Legal Intelligencer

In N.W.M., the Pennsylvania Supreme Court determined that guardians ad litem (GAL) are not quasi-judicial and thus not immune from claims in legal malpractice arising out of the GAL's role in representing the best interests of the child.

By Matthew B. Weisberg

5 minute read

May 17, 2024 | The Legal Intelligencer

In Heffernan v. Hunter, the court held that because the defendants (appellees) acted within the attorney-client relationship they cannot be considered conspirators.

By Matthew B. Weisberg

6 minute read

March 12, 2024 | The Legal Intelligencer

In the past, this column has predominantly involved attorney civil liability mostly focusing on legal malpractice. This edition is intended to outline the elements of attorney-based RICO misconduct; while in a criminal context, civil RICO generally does not differ much.

By Matthew B. Weisberg

7 minute read

January 19, 2024 | The Legal Intelligencer

In United States v. Zolin, the court granted certiorari to determine whether the attorney-client privilege crime-fraud exception applies to a case arising out of the Internal Revenue Service (IRS) investigation of the tax returns of L. Ron Hubbard, founder of the Church of Scientology.

By Matthew B. Weisberg

5 minute read

September 21, 2023 | The Legal Intelligencer

A wrongful use of civil proceeding action is the grossly neglectful or probable cause lacking initiation or continuation of an action (often referred to as a "Dragonetti" claim).

By Matthew B. Weisberg

6 minute read

August 03, 2023 | The Legal Intelligencer

A fee dispute is emblematic of the breakdown of a professional relationship on both sides. Nonpayment may be emotional for both parties: attorney—we cannot work for free; client—you are not meeting expectations.

By Matthew B. Weisberg

6 minute read

June 22, 2023 | The Legal Intelligencer

To hold criminal defense attorneys to a lower standard is simply a disservice to not only those accused (or convicted) criminal defendants' constitutional rights—infringed by their own counsel, but additionally to the reputation of those competent within that practice area.

By Matthew B. Weisberg

6 minute read

March 23, 2023 | The Legal Intelligencer

There are practitioners who are de facto immune from an action in recompense from even their own admitted neglect.

By Matthew B. Weisberg

5 minute read

February 09, 2023 | The Legal Intelligencer

In In re Grand Jury, No. 21-1397 (U.S. May 2, 2022), the court is struggling as to the application of the attorney-client privilege when the communication contains both legal and nonlegal advice.

By Matthew B. Weisberg

5 minute read