Matthew Weisberg

April 03, 2012 | The Legal Intelligencer

Previously, this column discussed the 1991 state Supreme Court case Muhammad v. Strassburger and its preclusion of legal malpractice actions arising from the negligent diminution in settlement value.

By Matthew Weisberg

6 minute read

May 28, 2013 | The Legal Intelligencer

In law school, we are taught that one of trial counsel's most important jobs is to make a record. To that end, a record not made is generally not appealable.

By Matthew Weisberg

7 minute read

November 06, 2012 | The Legal Intelligencer

The attorney-client privilege is the most preserved and perhaps revered doctrine from ancient common law. However, that privilege may be knowingly and voluntarily waived.

By Matthew Weisberg

7 minute read

October 16, 2012 | The Legal Intelligencer

There are times during the representation of a client in a pending matter that an attorney can or even must withdraw as counsel.

By Matthew Weisberg

7 minute read

April 24, 2012 | The Legal Intelligencer

I am turning from this column's monthly attorney liability analysis to the perhaps more interesting issue of judicial recusal. That is, when must an attorney in performance of his or her duty of zealous advocacy seek recusal of the presiding judge, and how?

By Matthew Weisberg

8 minute read

June 25, 2013 | The Legal Intelligencer

A legal malpractice action may be brought for negligence and breach of contract, as in Coleman v. Duane Morris, 58 A.3d 833 (Pa.Super. 2012). At least arising from underlying civil actions, these separate causes of action are not mutually exclusive and do overlap.

By Matthew Weisberg

10 minute read

June 19, 2012 | The Legal Intelligencer

Every human being makes mistakes. Because our profession (especially with regard to civil litigation) demands pinpoint accuracy at all times, it is inevitable that errors will often occur

By Matthew Weisberg

8 minute read

July 24, 2012 | The Legal Intelligencer

In Barcola v. Hourigan, Kluger & Quinn, 2006 WL 4757478 (Pa. Com. Pl. 2006), Lackawanna County Court of Common Pleas Judge Terrence R. Nealon dispositively answered this question.

By Matthew Weisberg

7 minute read

January 17, 2013 | New Jersey Law Journal

In filing a motion for leave of court to be relieved as counsel, there might exist an inherent conflict between the desire of counsel and the desire of the client. An additional conflict surrounding the attorney-client privilege may arise. Further, if there is a threat of sanctions for "frivolous" litigation, there may exist a conflict between the lawyer's self-interest and his fiduciary obligations. This article provides some insight into this delicate situation.

By Matthew Weisberg

7 minute read

March 26, 2013 | The Legal Intelligencer

In prior attorney liability columns, this author has attempted to distinguish between counsel and client's misconduct with regard to sanctions, Dragonetti and malpractice contentions.

By Matthew Weisberg

7 minute read