Matthew B. Weisberg

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

December 22, 2022 | The Legal Intelligencer

Muhammad prohibited "settling and suing" by second-guessing settlement valuations except in the case of fraudulent inducement—which is to be pleaded with specificity (fraud exception).

By Matthew B. Weisberg

5 minute read

July 28, 2022 | The Legal Intelligencer

If you have been watching the Jan. 6 Insurrection hearings, the news, or even listening to Howard Stern, you will know that on July 18, a jury was chosen in the criminal (congressional) contempt trial: United States v. Bannon.

By Matthew B. Weisberg

8 minute read

June 16, 2022 | The Legal Intelligencer

Legal malpractice plaintiffs' (former clients) actions are filled with written discovery requests—by legal malpractice defendants (former attorneys).

By Matthew B. Weisberg

6 minute read

March 17, 2022 | The Legal Intelligencer

Unless an issue in an attorney liability case is outside of common understanding, an expert opinion will generally be required to assist the jury as to the standard of care.

By Matthew B. Weisberg

6 minute read