Matthew Weisberg

September 23, 2014 | The Legal Intelligencer

In this column principally revolving around attorney civil liability, it is clear that the law of lawyering is unique. That is, a successful defense or prosecution of an action in legal malpractice or other form of attorney liability requires more than just a sophisticated understanding of the necessary elements of that cause of action (including the case-within-the-case) and how general procedural and substantive issues are practically applied.

By Matthew Weisberg

7 minute read

July 29, 2014 | The Legal Intelligencer

Calculations of the statute of limitations for causes of action arising from attorney neglect are in flux.

By Matthew Weisberg

6 minute read

July 01, 2014 | The Legal Intelligencer

For those of us who substantially practice in Pennsylvania's appellate courts, the chance of reversal has been anecdotally estimated to be between 5 percent and 10 percent.

By Matthew Weisberg

9 minute read

April 22, 2014 | The Legal Intelligencer

Over fierce opposition, U.S. and Pennsylvania courts have repeatedly held that there is a strong public policy favoring the enforcement of extrajudicial contractual binding arbitration provisions, generally involving the sale of goods and services (as statutorily codified).

By Matthew Weisberg

9 minute read

January 21, 2014 | The Legal Intelligencer

In the beginning, there were courts of chancery separate and apart from courts of law. Chancery courts would deal with financial or commercial damages, while courts of law would deal with noneconomic personal losses.

By Matthew Weisberg

8 minute read

December 03, 2013 | The Legal Intelligencer

With heightened concern by medical professionals regarding the so-called frivolous nature of medical malpractice actions vis-à-vis their insurance premiums, coupled with the standard practice of essentially naming every doctor in the room of the claimed malpractice as a defendant, Pa.R.C.P. 1042.1 was enacted, requiring a ratification of a professional negligence complaint by another person qualified to do so.

By Matthew Weisberg

8 minute read

November 12, 2013 | The Legal Intelligencer

In Pennsylvania, the legal malpractice negligence statute of limitations is two years. The legal malpractice breach of contract limitation is four years. Those limitations begin upon the "occurrence" of the complained-of attorney negligence (i.e., liability).

By Matthew Weisberg

8 minute read

September 11, 2012 | The Legal Intelligencer

Between wrongful use of civil proceedings (i.e., Dragonetti), vexatious multiplication of proceedings and other sanctions designed to deter attorney litigation misconduct, those satellite proceedings have become increasingly rough waters for counsel to navigate.

By Matthew Weisberg

7 minute read

December 11, 2012 | The Legal Intelligencer

The statute of limitations for a legal malpractice action arising from negligence is two years. For a breach of contract, it's four years. If the action arises from negligence, a legal malpractice plaintiff (former client) may recover tort damages.

By Matthew Weisberg

8 minute read

February 07, 2012 | The Legal Intelligencer

In reading The Legal Intelligencer's reporting on First Judicial District of Pennsylvania v. Rotwitt, it looks like Pennsylvania's First Judicial District is seeking attorney fees secondary to its legal malpractice claim arising from the widely scrutinized litigation in the Philadelphia Family Court construction project.

By Matthew Weisberg

7 minute read