Legal Malpractice

  • The Legal Intelligencer

    An 'Of Counsel' Relationship Should Come With a Good Business Reason

    By Samuel C. Stretton | June 22, 2017

    Can I have an "of counsel" arrangement with a lawyer when we are both licensed in different states and have our offices in our respective states?

  • The Legal Intelligencer

    Unpacking Unbundled Legal Services: Why Does the DOJ Care?

    By Ellen C. Brotman | June 20, 2017

    On April 13, Jennifer Barnes, ­disciplinary counsel of the Executive Office of Immigration Review, (EOIR) a federal agency within the Department of Justice, sent a cease and desist letter to a nonprofit organization in Seattle, Washington. If enforced, the cease and desist letter would effectively prevent the nonprofit from fulfilling its mission. The nonprofit at issue is the Northwest Immigration Rights Project (NWIRP), founded in 1984, and its mission is to assist undocumented immigrants through legal assistance, advocacy and education.

  • New York Law Journal

    Stroock Dodges Claims Stemming From $45M Investment Dispute

    By Christine Simmons | June 19, 2017

    A Manhattan judge has dismissed claims against Stroock & Stroock & Lavan brought by Brown Rudnick related to a legal malpractice dispute, trimming a defendant from a 5-year-old case that entangled three law firms and investment firm Stonebridge Capital.

  • The Legal Intelligencer

    Former Duane Morris Client Seeks $680K For Going Over Budget

    By Max Mitchell | June 16, 2017

    A former Duane Morris client is seeking nearly $700,000 from the firm claiming it misrepresented how much it would cost for the firm to represent him.

  • Connecticut Law Tribune

    The More Things Change ...

    By MARK DUBOIS | June 15, 2017

    I feel like I'm caught is some weird, warped time loop — reliving, again and again, spectacular lawyer self-destructions. The last few weeks brought press reports of guilty pleas from several of our brethren. Change the names, and they could be any one of many, many I've seen before.

  • The Legal Intelligencer

    Legal Malpractice: Case-Within-the-Case (Whose Burden Is It?)

    By Matthew B. Weisberg | June 15, 2017

    When speaking of legal malpractice, it is necessarily preliminary to begin discussing the elements. In that discussion, the legal malpractice plaintiff's burden of proving the case-within-the-case is likewise a primary topic. That is, it is axiomatically thought that the plaintiff—who traditionally carries the burden on all elements—must prove the attorney's neglect caused the loss of the underlying action and but for that neglect the underlying action would have been successful.

  • The Legal Intelligencer

    Law Office Moves Raise Ethical Concerns

    By Samuel C. Stretton | June 15, 2017

    Are there any ethical concerns involving moving one's law practice to another location?

  • New Jersey Law Journal

    Past FINRA Arbitration Bars Claim Against Bressler Amery

    By David Gialanella | June 13, 2017

    An investment adviser's legal malpractice claims against New Jersey firm Bressler, Amery & Ross are precluded by prior arbitration against his employer, a state appeals court has ruled.

  • New York Law Journal

    Allegations Involving Legal Malpractice and Breach of Fiduciary Duty

    By Sue C. Jacobs | June 13, 2017

    Professional Liability Insurance columnist Sue C. Jacobs writes: Courts recently have been more liberal in holding that causes of action for both legal malpractice and breach of fiduciary duties may exist in the same action. The courts assume a fiduciary duty between attorney and client but look at the timing of the alleged offending actions and the sources of damages to determine if they are distinct from the damages allegedly sustained for the legal malpractice.

  • The Recorder

    Choosing Appropriate Malpractice Insurance Coverage

    By Randy Evans and Shari Klevens | June 13, 2017

    Picking the right legal malpractice insurance policy can be a daunting task. Procuring appropriate coverage generally involves balancing a law practice's unique malpractice risk factors against the price of coverage—and finding the right fit.

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