Matthew Weisberg

April 16, 2013 | The Legal Intelligencer

In this competitive financial legal drought, there may be nothing more frustrating than the belief that one's client was "stolen" by a competitor counsel. Notwithstanding the negative financial impact, pilfering can be emotionally, legally and ethically charged. If nothing else, receipt of a "drop letter" is disturbing.

By Matthew Weisberg

8 minute read

September 10, 2013 | The Legal Intelligencer

While this attorney liability column often touches on ethical concerns, I intend to do so only in relation to civil liability.

By Matthew Weisberg

7 minute read

June 12, 2012 | The Legal Intelligencer

The most common causes of action arising from attorney misconduct are negligence, breach of contract and breach of fiduciary duty.

By Matthew Weisberg

6 minute read

February 26, 2013 | The Legal Intelligencer

Can an attorney merely acting as counsel be liable for violating another's civil rights? Answer: Yes, as shown in Jordan v. Fox, Rothschild, O'Brien & Frankel, 20 F.3d 1250 (C.A.3 (Pa.) 1994).

By Matthew Weisberg

9 minute read

August 14, 2012 | The Legal Intelligencer

In a recent article in this column on attorney liabilities, we proffered that, anecdotally, it appeared the first reaction of attorney liability insurers, unlike other liability insurers, to an "occurrence" would be to seek to disclaim coverage (or otherwise defend upon a reservation of rights). Therein, we cautioned that an attorney's insurer is not your friend — no matter that you may believe your insurer is obligated to defend and indemnify you from any and all professional liabilities.

By Matthew Weisberg

9 minute read

July 16, 2013 | The Legal Intelligencer

In a legal malpractice action, the plaintiff (a former client) must establish the employment of an attorney (the defendant) or other basis for a duty, the failure of that attorney to exercise ordinary skill and knowledge, and that the attorney was the proximate cause of damage to the plaintiff.

By Matthew Weisberg

10 minute read

August 13, 2013 | The Legal Intelligencer

In prosecuting legal malpractice actions and other consumer causes arising from financial injury, this author is, unfortunately, often the recipient of tit-for-tat Dragonetti and sanctions threats.

By Matthew Weisberg

7 minute read

December 27, 2011 | The Legal Intelligencer

Traditionally, legal malpractice actions contain counts in professional negligence, breach of fiduciary duty, breach of contract, and perhaps fraud.

By Matthew Weisberg

7 minute read

June 28, 2011 | The Legal Intelligencer

Attorney liability is not just confined to negligent representation or so-called frivolous pleadings.

By Matthew Weisberg

7 minute read

January 22, 2013 | The Legal Intelligencer

While much has been written about the unique claim of wrongful use of civil proceedings, those writings primarily concern the impropriety of the initiation of the underlying action. As the act plainly requires "favorable termination," this element is given short shrift.

By Matthew Weisberg

6 minute read