Though a lawyer might think he has served his client well by reaching a mutually agreed upon settlement, in some cases a settlement the client found acceptable can be grist for a malpractice suit.

A settlement subjected attorney Stephen Apollo to a legal malpractice suit for a greater portion of his client’s marital estate than she received in her divorce. When attorney Virginia Puder sued her former client for unpaid fees, it exposed her to a legal malpractice counterclaim for damages caused by insufficient income and asset information in her client’s divorce. And, settlement subjected the law firm of Duane Morris LLP, to a legal malpractice suit for damages from the loss of a commercial shareholder interest. These lawyers had two things in common: they obtained settlements for their clients, and the clients agreed to the settlements on the record.

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