Monthly Archives: August 2011

Foreclosure Fraud Meets Malpractice

Posted on August 30, 2011 by Matthew Weisberg

“In her relationship with HSBC, Doyle essentially abdicated her professional judgment to a black box.” This line came from Circuit Judge Fuentes and summarizes not only this case, but the large scale Mortgage Fraud that has run rampant in our … Continue reading →

Posted in Legal Malpractice, Mortgage Foreclosure, Mortgage Fraud | Tagged 3rd Circuit Court Of Appeals, Angela Taylor, Bank Fraud, Bankruptcy District, Eastern District Of Louisiana, False Affidavit, Legal Malpractice, Mers, mortgage, Mortgage Foreclosure, Mortgage Fraud, Udren Law Firm, United States Bankruptcy Court, United States Trustee | Leave a comment

Monthly Column – Attorney Liability: Defenses

Posted on August 28, 2011 by Matthew Weisberg

Consistent with this monthly column on attorney liability, in adjusting a claim it is important to understand one’s defenses: Certificate of Merit: Pursuant to Pa.R.C.P. 1042.1, et seq., a professional liability claim asserted against a “licensed professional” requires a … Continue reading →

Posted in Legal Malpractice | Leave a comment

Conciseness is Still Key: How Being Too Wordy Leads to Malpractice

Posted on August 25, 2011 by Matthew Weisberg

“A Concise Statement which is too vague to allow the court to identify the issues raised on appeal is the functional equivalent to no Concise Statement at all.” Commonwealth v. Dowling, 778 A.2d 683, 686-87 (Pa. Super. 2001). Had the attorneys … Continue reading →

Posted in Legal Malpractice | Tagged Epstein, Epstein v. Saul Ewing, Kanter, Kanter v. Epstein, Saul Ewing | Leave a comment

Protected Mediations and Filing Suit Against Court Clerks

Posted on August 21, 2011 by Matthew Weisberg

Law firms accused of malpractice have one less tool in their defense, as they cannot sue the Court to reconsider subpoenas made by Court clerks. The present case illustrate a consequence of that holding— that the contents of mediation may … Continue reading →

Posted in Legal Malpractice | Tagged Administrative Procedures Act, Damages, Mediation, Settlement, Subpoenas | Leave a comment

A Victory for the Malpractice Plaintiff

Posted on August 12, 2011 by Matthew Weisberg

Legal malpractice plaintiffs gained a powerful bit of case law when the New Jersey Supreme Court handed down its ruling in 2010’s Guido v. Duane Morris. There, the plaintiffs sought to sue their former lawyers for malpractice over a settlement … Continue reading →

Posted in Legal Malpractice | Tagged Law Firms, Negotiation, Settlement, Terms, Understanding | Leave a comment

The Perils of Contract-Writing

Posted on August 7, 2011 by Matthew Weisberg

In 1975, Rocco J. Fiorentino and John Converse founded a company that specialized in servicing restaurant equipment, installing serviced equipment for manufacturers, selling equipment, leasing equipment, and designing and drafting equipment. Previously, Converse had been Fiorentino’s supervisor at another company … Continue reading →

Posted in Legal Malpractice | Tagged Contracts, Economic Harm, Failure to Advise, Nonsuit, Protective Provisions | Leave a comment