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Matthew B Weisberg

Matthew B Weisberg

March 23, 2023 | The Legal Intelligencer

A Look at Lawyer Immunity: Estate Attorneys, Part 1

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

Is a Communication Involving Both Legal and Nonlegal Advice Protected by Attorney-Client Privilege?

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

'Settle and Sue' Prohibition in Legal Mal Suits: Abrogated

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

Contempt: Distinction Between Civil and Criminal ('United States v. Bannon')

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

The Intersection of Legal Malpractice With Legal Malpractice: Discovery

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

Attorney Liability Cases—Expert Opinions and Standards of Care

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

January 20, 2022 | The Legal Intelligencer

Justice Is Achieved Through Merits Adjudication

Green v. Trustee of the University of Pennsylvania (Appeal of Jared A. Jacobson), A.3d, (Pa.Super.), reversed the uncontested motion for sanctions against plaintiffs counsel (Jacobson) following the counsel's failure to both file a certificate of merit and respond in opposition to the motion for sanctions.

By Matthew B. Weisberg

5 minute read

September 23, 2021 | The Legal Intelligencer

Is Suicide an Independent Intervening Cause Relieving Attorneys From Liability?

As attorneys whom focus much of our practice on plaintiff (client-consumer) attorney liabilities (specifically, legal malpractice), we see many forms of damages.

By Matthew B. Weisberg

5 minute read

August 12, 2021 | The Legal Intelligencer

Muhammad's 'Settle and Sue' Prohibition: Arguing for Abrogation

Does Muhammad's "settle and sue" prohibition—against legal malpractice plaintiffs from bringing a legal malpractice action thereafter settlement—prohibit a legal malpractice action upon an underlying action's compromised settlement arising from attorney defendants' legal defects, in the absence of fraud?

By Matthew B. Weisberg

5 minute read

June 17, 2021 | The Legal Intelligencer

Legal Malpractice Statute of Limitations: Occurrence vs. Damages

The statute of limitations for an action in legal malpractice is: negligence—two years; and breach of contract—four years.

By Matthew B. Weisberg

5 minute read