Matthew B Weisberg

March 18, 2021 | The Legal Intelligencer

"In the beginning …," the statute of limitations for legal malpractice appeared clear: two years commencing from final disposition of the underlying action.

By Matthew B. Weisberg

4 minute read

December 10, 2020 | The Legal Intelligencer

An action in legal malpractice negligence has a two-year statute of limitations. An action in legal malpractice breach of contract has a four-year statute of limitations.

By Matthew B. Weisberg

4 minute read

September 17, 2020 | The Legal Intelligencer

To meet the elements of a legal malpractice action the claimed malpracticing attorney must be demonstrated as having deviated from the standard of care. The mere happening of a "mal"—result does not equate to "mal"—practice. An attorney is immune upon the exercise of reasoned "professional judgment."

By Matthew B. Weisberg

7 minute read

June 11, 2020 | The Legal Intelligencer

During this pandemic, the nonuniform (i.e., county-by-county) nature of Pennsylvania's court systems and rules of practice were—and are—glaring.

By Matthew B. Weisberg

6 minute read

March 12, 2020 | The Legal Intelligencer

Every professional has the right to use their "professional judgment." That is, a mal result does not necessarily mean malpractice if the adverse result was causative of the use of the professional's judgment.

By Matthew B. Weisberg

8 minute read

September 12, 2019 | The Legal Intelligencer

The common law cause of action for wrongful use of civil proceedings has been codified at 42 Pa.C.S.A. Section 8352, et seq. The statute is referred to as the Dragonetti Act.

By Matthew B. Weisberg

6 minute read

June 11, 2019 | The Legal Intelligencer

The standard of review for recusal is “abuse of discretion.” Unlike other jurisdictions, there is no statutory or rule-based procedure for recusal in Pennsylvania.

By Matthew B. Weisberg

7 minute read

March 14, 2019 | The Legal Intelligencer

The legal malpractice negligence statute of limitations is two years. The legal malpractice breach of contract statute of limitations is four years, as in Coleman v. Duane Morris, 58 A.3d 833 (Pa. Super. 2012).

By Matthew B. Weisberg

8 minute read

December 13, 2018 | The Legal Intelligencer

In this column on attorney liabilities, this author has oft discussed the legal malpractice statute of limitations as in flux. In light of the Pennsylvania Supreme Court's recent holding in Dittman, the legal malpractice statute of limitations in light of the economic loss/gist of the action doctrine(s) (the doctrine) must be revisited.

By Matthew B. Weisberg

5 minute read

September 13, 2018 | The Legal Intelligencer

In Coleman v. Duane Morris, 58 A.3d 833 (Pa. Super. 2012), the Superior Court precedentially established two causes arising from legal malpractice: negligence; and breach of contract.

By Matthew B. Weisberg

7 minute read