See the digital edition here.

Suit-Within-a-Suit: Can a Jury Hear All Issues if There Was no Jury in the Underlying Case? Some courts suggest that when the litigant in the underlying action was never entitled to a jury trial, a jury should not decide the subsequent suit-within-a-suit in the malpractice action. Other courts, however, have held that the jury in the malpractice case should also try the suit-within-a-suit. By Brian J. Molloy and Pierre Chwang

Putting It All in Perspective: The Modern Attorney Disciplinary System Always treat the process and all those involved with courtesy and respect. When corresponding with disciplinary authorities, it does not help to use inflammatory language or to employ literary devices that belittle the process or the grievant. By  Diana C. Manning

Recent Appellate Opinion Calls 'Learned Professional' Jurisprudence Into Question This case may present a suitable opportunity for the Supreme Court to provide additional guidance on the "learned professional" doctrine. As it stands, except for lawyers, doctors and theologians, there is no clear answer as to whether a professional or semi-professional remains subject to the Consumer Fraud Act. By Jeffrey T. LaRosa and Eric A. Inglis

Using Ethics Rules in Malpractice Proceedings to Protect Confidential Intellectual Property  Applying RPC 1.9 (Duties to Former Clients) may make sense in a malpractice action because it can avoid disclosing confidential intellectual property information in open court. By Jonathan Bick

The Liability of Trial Counsel for Strategic and Tactical Judgments Made During Trial Decisions during trial are oftentimes based on unexpected rulings or surprise testimony and need to be made quickly. In addition, attorneys sometimes take chances in the conduct of litigation. This article looks at scenarios where malpractice claims may arise, and defenses available to counsel. By John L. Slimm and Jeremy J. Zacharias