December 29, 2020 | New Jersey Law Journal
Joint Representations: A Blessing or a Curse?A joint representation often means more interesting legal work and higher billings because the representation tends to be more complicated and time-consuming; but it also poses an ethical minefield.
By Michael K. Furey
9 minute read
June 18, 2020 | New Jersey Law Journal
Is It Worth the Risk to Represent a Client Who Has Fired a Previous Attorney?It is inevitable that attorneys will be asked to take over matters from other attorneys as a result of an alleged mistake by the original attorney. Before you do so, be careful to recognize the potential risks and decide what role you are prepared to play in the matter.
By Michael K. Furey
10 minute read
October 17, 2019 | New Jersey Law Journal
Affidavits of Merit: Should They Be a Waste of Time?It will come as no surprise to anyone who defends attorneys accused of malpractice that the Affidavit of Merit system is not working, at least as applied to the legal profession.
By Michael K. Furey
6 minute read
January 15, 2018 | New Jersey Law Journal
Judicial Error: The Forgotten DefenseSometimes, the trial judge can make an error that may prove decisive in the case. Is this a defense when the attorney is sued by her client for malpractice?
By Michael K. Furey and Sylvia-Rebecca Gutierrez
9 minute read
January 16, 2017 | New Jersey Law Journal
Are Advance Waivers Enforceable? MaybeIncreasingly, law firms are seeking waivers of possible future conflicts of interest with their clients when they undertake a representation, i.e., the client agrees to waive conflicts its attorneys may encounter in the future.
By Michael K. Furey and Sylvia-Rebecca Gutierrez
22 minute read
January 14, 2016 | New Jersey Law Journal
Limited Scope Representation: A Fact of Life, But Risky for AttorneysWhile attorneys should expressly limit their representation, they must understand how to do it and the restrictions on their ability to do so.
By Michael K. Furey and Sylvia-Rebecca Gutierrrez
8 minute read
January 14, 2016 | New Jersey Law Journal
Limited Scope Representation: A Fact of Life, But Risky for AttorneysWhile attorneys should expressly limit their representation, they must understand how to do it and the restrictions on their ability to do so.
By Michael K. Furey and Sylvia-Rebecca Gutierrrez
8 minute read
November 25, 2015 | New Jersey Law Journal
The 'Saffer' Rule: Is It Time to Reconsider?It is time for New Jersey to return to the mainstream by permitting a disgorgement of fees, but not the recovery of the fees, in pursuing a malpractice action.
By Michael K. Furey and Sylvia-Rebecca Gutierrez
7 minute read
November 25, 2015 | New Jersey Law Journal
The 'Saffer' Rule: Is It Time to Reconsider?It is time for New Jersey to return to the mainstream by permitting a disgorgement of fees, but not the recovery of the fees, in pursuing a malpractice action.
By Michael K. Furey and Sylvia-Rebecca Gutierrez
7 minute read