Legal Malpractice

New stories and case digests and some columns focused on key court decisions and issues, as well as news stories on prominent lawyers in trouble, to articles and columns offering advice.

  • 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.

    1 minute read

  • 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?

    1 minute read

  • 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.

    1 minute read

  • 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.

    1 minute read

  • 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.

    1 minute read

  • 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.

    1 minute read

  • The Legal Intelligencer

    Justices to Revisit Post-Settlement Legal Malpractice Claims

    By Zack Needles | June 8, 2017

    The Pennsylvania Supreme Court has agreed to consider overturning 26-year-old precedent that bars legal malpractice claims following a settlement, absent an allegation of fraud.

    1 minute read

  • The Legal Intelligencer

    Attorneys See Hurdles for Sandusky Accuser's Legal Mal Suit

    By Max Mitchell | June 8, 2017

    An alleged victim of convicted serial child molester Jerry Sandusky has sued the attorney who represented him, claiming the lawyer got him drunk to induce him into settling his claims for a low amount, but, according to lawyers, the case will likely face several high hurdles before it can get to a jury.

    1 minute read

  • Connecticut Law Tribune

    Attorney Faces Prison for Ponzi Scheme That Used Client Funds

    By ROBERT STORACE | June 8, 2017

    Peter Ressler, a former partner with Groob, Ressler & Mulqueen in New Haven, pleaded guilty to stealing funds from clients in what prosecutors called a Ponzi scheme.

    1 minute read

  • The Legal Intelligencer

    Technology Is Overpowering the Very Human Profession of Law

    By Samuel C. Stretton | June 8, 2017

    I saw an article about the increased use of artificial intelligence in the future of the practice of law. The article suggested that lawyers who are not technologically skilled ought to retire or consider another profession. Where is the practice of law headed?

    1 minute read

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