December 22, 2015 | The Legal Intelligencer
Sua Sponte Sanctions: It's Not the Time to PanicThere is likely not one plaintiff's civil litigator who has not been threatened with sanctions by their adversary counsel. Indeed, in this author's legal malpractice focus, there isn't an attorney liability action initiated that does not immediately receive a sanctions threat in retort.
By Matthew Weisberg
7 minute read
December 19, 2015 | The Legal Intelligencer
Sua Sponte Sanctions: It's Not the Time to PanicThere is likely not one plaintiff's civil litigator who has not been threatened with sanctions by their adversary counsel. Indeed, in this author's legal malpractice focus, there isn't an attorney liability action initiated that does not immediately receive a sanctions threat in retort.
By Matthew Weisberg
7 minute read
October 13, 2015 | The Legal Intelligencer
Statutory Liabilities in Debt-Collection PracticesWhile this column is broadly focused on attorney liabilities, I most often focus on legal malpractice. However, in indulging its scope, I have often written on other aspects of attorney liability, including sanctions, Dragonetti actions (i.e., wrongful use of civil proceedings), abuse of process, civil rights and defamation. While sometimes comparing and contrasting between federal and state as well as Pennsylvania and New Jersey approaches, I generally focus on Pennsylvania's jurisprudence.
By Matthew Weisberg
8 minute read
July 14, 2015 | The Legal Intelligencer
Contributory Negligence Bars Legal Malpractice NegligenceFor all intents and purposes, Pennsylvania has abandoned the doctrine of contributory negligence in favor of comparative negligence. That is, the allocation of a plaintiff's own contribution to a defendant's liability will offset the ultimate award but not preclude recovery if the plaintiff's own liability is 50 percent or less causative. Plaintiff liability contribution of 1 percent has all but been eliminated as otherwise barring an action.
By Matthew Weisberg
7 minute read
July 13, 2015 | The Legal Intelligencer
Contributory Negligence Bars Legal Malpractice NegligenceFor all intents and purposes, Pennsylvania has abandoned the doctrine of contributory negligence in favor of comparative negligence. That is, the allocation of a plaintiff's own contribution to a defendant's liability will offset the ultimate award but not preclude recovery if the plaintiff's own liability is 50 percent or less causative. Plaintiff liability contribution of 1 percent has all but been eliminated as otherwise barring an action.
By Matthew Weisberg
7 minute read
April 14, 2015 | The Legal Intelligencer
Who Are the Proper Plaintiffs in a Legal Malpractice Action?As is implicit in this ongoing column on attorney liability, the law of lawyering is nuanced. Indeed, dabblers may find themselves on the wrong side of the "v"—imperfectly pleading an action sounding in legal malpractice.
By Matthew Weisberg
9 minute read
April 13, 2015 | The Legal Intelligencer
Who Are the Proper Plaintiffs in a Legal Malpractice Action?As is implicit in this ongoing column on attorney liability, the law of lawyering is nuanced. Indeed, dabblers may find themselves on the wrong side of the "v"—imperfectly pleading an action sounding in legal malpractice.
By Matthew Weisberg
9 minute read
January 14, 2015 | New Jersey Law Journal
Key Distinctions Between NJ And Pa. Legal MalpracticeThere are key distinctions in legal malpractice between Pennsylvania and New Jersey which, if not known, may prove fatal to a legal malpractice "outsider."
By Matthew Weisberg
8 minute read
January 14, 2015 | New Jersey Law Journal
Key Distinctions Between NJ And Pa. Legal MalpracticeThere are key distinctions in legal malpractice between Pennsylvania and New Jersey which, if not known, may prove fatal to a legal malpractice "outsider."
By Matthew Weisberg
8 minute read
December 23, 2014 | The Legal Intelligencer
It's How You Deal With a Mistake That CountsImmediately following graduation from law school, my adjunct writing professor, a senior partner at Wolf Block, told me, "You're not a real lawyer until you blow the statute of limitations."
By Matthew Weisberg
8 minute read