Category Archives: Legal Malpractice

Attorneys Can still be Sued After Settlement is reached with a Third-Party

            Gorjuice Wrap, Inc. v. Okin, Hollander & De Luca, LLP, N.J. Super. A.D., (2011) is leg al malpractice claim that challenges the Puder Doctrine.  The Puder doctrine prevents a plaintiff from suing past council for damages because the plaintiff … Continue reading

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Not All Actions Against Attorneys require a Certificate of Merit

              Sabella v. Estate of Milides, 992 A.2d 180 is a case about an attorney’s misconduct, in which the trial court denied Appellant’s motion to strike the judgment of non pros.  A judgment of non pros enters judgment in … Continue reading

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Have a Well-pleaded Complaint

In Pashak v. Barish, the husbad of the appellant, William Pashak, agreed to settle a negligence case for $100,000 in accordance with advice from his attorney, Marvin Barish, Esq. 450 a2d 67 (1982). The settlement stemmed from an employment action where Mr. … Continue reading

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Precision wording….the key to law.

Sims v. Budd Lerner P.C., 2012 WL 4741587, (Super.Ct., App. Div. N.J. Oct. 5, 2012) is a case which examines the legal malpractice case within the scope of a post-divorce settlement agreement. The Plaintiff hired the defendant attorneys in relation … Continue reading

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Finding Your Way to a New Venue.

Lay et al. v. Bumpass, CA: 3:11-CV-1543 (M.D.P.A. 2012) is a case which examines the correct place to file a complaint for legal malpractice. This particular decision was based in part on the filing of the complaint in the Middle … Continue reading

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The Meaning of Esoteric.

            Vazquez v. Macri et al., No: A-3572-10T1 (N.J. Super. 2012) is a New Jersey state case which discusses when an expert is needed to define the professional standard of care. In the original trial, the … Continue reading

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The Attorney-Client Privilege: It’s Place in Legal Malpractice.

Often times, the attorney-client relationship is noteworthy for the confidentiality which is imbued within communications between the parties. Thus, when a plaintiff files a legal malpractice action, certain privileges relating to representation are automatically waived. What those privileges are is … Continue reading

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Transactional Legal Malpractice: A Difficult Task.

Often times, the most difficult legal malpractice cases are those involving transactions. Generally, this is a more difficult case because there is no formal deadline, or process such as in litigation. Jobar Realty Co, Inc. v. Tombalakian et al., No.: … Continue reading

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The Merits of being Timely

Slewion v. Weinstein et al., CA No. 10-CV-5325, (E.D.PA August 6, 2012) is a case which involved a summary judgment motion based on a lack of certificate of merit. The plaintiff in the case was unable to produce the certificate … Continue reading

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Experts on Experts.

Redding v. Estate of Robert Sugarman, Esq., CA 07-4591 (E.D. PA May 3, 2012) is a legal malpractice case which arises out of a medical malpractice case. The most important lesson which is gleaned from this case is the strict … Continue reading

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