March 23, 2023 | The Legal Intelligencer
A Look at Lawyer Immunity: Estate Attorneys, Part 1There 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: AbrogatedMuhammad 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: DiscoveryLegal 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 CareUnless 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 AdjudicationGreen 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 AbrogationDoes 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. DamagesThe 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
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