Monthly Archives: December 2011

Being Guilty Matters

There are two take away points to be learned from Marrero v. Feintuch, that someone in a legal malpractice/ professional negligence case need not prove actual innocence of criminal charges as a prerequisite to pursue his claims against his former … Continue reading

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Discovering Occurrences The Hard Way

On May 11, 1998, Nicholas Knopick (Knopick), a commercial pilot, and his wife, Darlene Knopick (Dolly), entered into a Property Settlement Agreement (PSA). In this agreement, Dolly would receive $60,000 from Knopick’s retirement plan. In July 1999, Knopick filed for … Continue reading

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Referrals: Not Illegal To Try

In Bourke v. Kararas, a client brought actions alleging negligence, vicarious liability, and breach of contract against a bar association’s lawyer referral service for referring her to an attorney who committed malpractice by failing to file her suit within the … Continue reading

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Collectibility or Uncollectibility: It Is Still By A Proponderance Of The Evidence

In Kituskie v. Corbman, it is shown that in order to prevail in a legal malpractice claim arising out of a civil matter, the plaintiff must prove by a preponderance of the evidence that he or she would have prevailed … Continue reading

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