Category

Legal Malpractice
07
Jun

Attorney Liable to Non-Client Beneficiary of Will for Legal Malpractice

June 7, 2016
The Supreme Court of Virginia ruled that an attorney who drafted a client’s Last Will...
24
May

NJ Supreme Court Rules Non-Lawyers Who Assist In Medicaid Planning Are Engaged In The Unauthorized Practice of Law

May 24, 2016
The Committee on the Unauthorized Practice of Law, appointed by the Supreme Court of New...
29
Apr

High Court Holds Attorneys May Be Liable for Counsel Fees If They Intentionally Breach Their Fiduciary Duty to Non-Clients

April 29, 2016
In a 3-2 ruling, the New Jersey Supreme Court decided that attorneys can be held...
11
Apr

Court Dismisses Legal Malpractice Suit For Failure To Assert Unjust Enrichment Claim In Earlier Undue Influence Case

April 11, 2016
Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming...
22
Mar

Legal Malpractice Claim Based On Prospective Client’s Contact Only With Law Firm Secretary Dismissed

March 22, 2016
New Jersey Appellate Division rules prospective client’s correspondence with law office secretary who did not mention...
18
Feb

Attorney Grievance Filed Against Blogging Lawyer Dismissed on First Amendment Grounds

February 18, 2016
In a recent blog post, I wrote about Steven Gursten, a Michigan blogging lawyer who...
07
Feb

Blogging Nightmares: Blogger Found Liable for $600,000 in Defamation Case; Attorney Grievance Filed Against Blogging Lawyer

February 7, 2016
Two recent cases are vivid reminders that blogging can be dangerous. Bloggers are being found...
24
Nov

Attorney Who Provided Flawed Medicaid Planning Advice by Counseling Against Life Estate Liable For Legal Malpractice

November 24, 2015
Marie Brissette and her husband consulted attorney Edward Ryan for advice about how to protect...
26
Oct

Attorney Who Prepares Mortgage Is Not Liable For Misrepresentations Contained In Mortgage

October 26, 2015
After plaintiffs lost the money they had invested in what turned out to be a...
17
Apr

Attorneys Representing An Estate May Owe A Duty Of Care To Non-Clients Who Are Beneficiaries Of The Estate

April 17, 2015
The New Jersey appeals court reversed a trial court’s dismissal of a legal malpractice action...
13
Apr

Beneficiaries Omitted From Trust By Mistake Can Sue Lawyer Who Prepared Trust

April 13, 2015
A Pennsylvania appeals court held that beneficiaries omitted from trust have standing to sue the...
28
Mar

Ethics Rules Clarified for NY Lawyers Who Use LinkedIn

March 28, 2015
On March 10, 2015, the New York County Lawyers Association (“NYCLA”) weighed in on the...
10
Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

March 10, 2015
As a general rule, an attorney hired to prepare a will or trust for a...
10
Sep

Attorney Representation of Father and Sons in Estate Planning did not Constitute Conflict of Interest or Breach of Fiduciary Duty

September 10, 2014
In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013),...
18
Aug

Court Reinstates Defense By Party Who Chose To Represent Himself, But Made The Wrong Choice

August 18, 2014
New Jersey appeals court ruled pro se litigants who bungle their own cases can seek...
16
May

New ABA Ethics Opinion: Lawyers May Review Jurors’ Online Public Information, But Private Social Media is Off Limits

May 16, 2014
Trial lawyers must know where the ethical line is drawn between properly investigating jurors and...
13
Apr

Appeals Court Rules Lawyers Have A Constitutional Right to Blog About Their Cases

April 13, 2014
A California appeals court held that a trial court’s order directing a trial attorney to...
06
Jan

Attorney Owed Duty To Client To Follow Up With Agents To Obtain And Review Inventory And Accountings Required In Power Of Attorney

January 6, 2013
An attorney who drafted a power of attorney for a client that included a requirement...
20
Sep

Malpractice Case May Proceed Against New York Attorney Who Charged More Than $44,000 For Medicaid Planning To Protect Net Estate Worth $130,000

September 20, 2012
A New York appeals court allowed a case for legal malpractice and breach of fiduciary...
10
Oct

Appellate Division Declines To Extend Duty Owed By Estate Attorney To Omitted Family Member

October 10, 2011
In a September 30, 2011 unpublished opinion, our Appellate Division considered the duty owed by...

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