Monthly Archives: June 2011

Tolling: Duty Trumps Unknown Damage

“The overriding public policy concern is that not commencing legal malpractice actions in a timely fashion results in stale claims.” That is how the the panel of judges  in Wachovia v. Ferretti decided that the statute of limitations for a … Continue reading

Posted in Legal Malpractice | Tagged , , , , , | Leave a comment

Monthly Column – Attorney Liability: Non-Negligence Claims

Previously, this column on attorney liability discussed various attorney liabilities arising from claims of negligence and misuse of process: Dragonetti (wrongful use of civil proceedings), abuse of process, sanctions, etc. (all underlying a claim of “frivolity”).  However, attorney liability is … Continue reading

Posted in Legal Malpractice | Tagged , , , , , , , | Leave a comment

Attorney’s Fees: At the Intersection of Frivolous and Not

Unsuccessful plaintiffs in civil right cases may now breathe easier when it comes to awarding attorney’s fees.  As recently held in Fox v. Vice, plaintiffs will only be responsible for defendants’ fees arising solely due to a frivolous claim.  Non-frivolous … Continue reading

Posted in Civil Rights | Tagged , , , , | Leave a comment

Undue Delays Could Prove Costly To Lawyers

The case of Windward Agency v. Spector Gadon & Rosen and Russell has arguably been on-going since 2001 and shows no sign of being over any time soon. With the Pennsylvania Supreme Court’s denial on May, 27 2011 of the … Continue reading

Posted in Legal Malpractice | Tagged , , , , , , , , | Leave a comment

Officer Held Accountable For False Arrest

It may haven taken time, but for one particular rape victim, she will now have her day in court against a police officer her accused her of falsifying a report about being robbed and raped. In Reedy v. Evanson, Sara … Continue reading

Posted in Civil Rights | Tagged , , , , , | Leave a comment

Kornicki v. Cherniack: Discussing Credit Only When Credit is Due

It is a well-known fact that often when a criminal is stuck in jail, he will think of any way they can try to free them themselves, including sue his attorney, even if that attorney fought as hard as she … Continue reading

Posted in Legal Malpractice | Tagged , , , , , , , , , , , | Leave a comment