Lawyer Facing Malpractice Suit Can't Bring Claim Against Replacement Counsel, Court Says
The Appellate Division's published decision clarifies the rules on efforts to spread the blame for professional liability in cases where one lawyer is replaced by another.
July 31, 2020 at 05:20 PM
5 minute read
A lawyer facing a legal malpractice suit over his handling of a personal injury matter can't bring a third-party claim against the lawyer hired to replace him, a New Jersey appeals court has ruled.
A claim by John Hoffman Jr. of Hoffman DiMuzio against his replacement, Gary Ginsberg of Ginsberg & O'Connor in Mount Laurel, failed because the medical malpractice suit was rendered "irretrievably lost" by Hoffman's flawed tort claims notice, which occurred before the replacement counsel entered the case, the Appellate Division ruled in McNellis-Wallace v. Hoffman, a published decision issued July 31.
Although the state Supreme Court has ruled that an attorney cannot sue his or her successor for indemnity and contribution for the claims of their mutual client, absent a duty owed by the successor to the prior lawyer, the appeals court said the history of the tort claims notice in the present case obviated the need to apply existing case law.
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