Monthly Archives: February 2012

Say What You Mean, and Mean What You Say

As this blog has often mentioned, the attorney-client relationship is one of, if not the most important factor in moving forward with legal malpractice actions. Capitol Surgical Supplies, Inc. v. Casale, 86 Fed. Appx. 506 (3rd Cir. 2004) builds on … Continue reading

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One of Pennsylvania’s Smallest Classes

Imagine your parent passes away, and you are an inheritor under the will. There is one problem, the attorney who drafted your parent’s will did something wrong. Can you recover for their malpractice in Pennsylvania? This is the situation encountered … Continue reading

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Methods of Proving Malpractice

In legal malpractice cases, plaintiffs often use the “case-within-a-case” method to prove their claims. This theory requires a plaintiff to show they would have been successful in the underlying action if not for the attorney’s negligence. For many years in … Continue reading

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Legal Malpractice and the Wallet

Given this month’s column involves a Pennsylvania and New Jersey case involving damages awards, this is a good opportunity to discuss the role damages play in malpractice actions. Gravers v. Lanfrit, A-3205-10T1, 2012 WL 331763 (N.J. Super. App. Ct. 2012), … Continue reading

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Monthly Column: Are Attorney’s Fees Consequential Damages In Legal Malpractice Actions?

In reading The Legal’s reporting in First Judicial District of Pennsylvania v. Rotwitt, et al., Phila. C.P. October term; 2011, No. 4286, it appears plaintiff-FJD additionally seeks attorney’s fees secondary to its legal malpractice claim arising from the Philadelphia family … Continue reading

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Where there’s a will, there’s not always a way.

Taffaro v. Connell (A-4928-09T2, 2011 WL 4502077 (N.J. Super. App. Div. 2011) is a case involving a family member who felt spurned, and a will. The case further outlines the attorney-client relationship, and what will suffice to provide the basis … Continue reading

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Arbitration Eligible

Goodwin v. Donahue Hagan Klein Newsome & O’Donnell (A-3476-10T2, 2011 WL 6845888 (N.J. Super. App. Div. 2011)) is a super settlement case. It is a New Jersey case which aims to set the boundaries of what sort of actions rise to … Continue reading

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Talk the Talk and Walk the Walk

Tietjen v. Mazawey is a key New Jersey case in reminding legal malpractice practitioners that expert truly means expert. It is not enough to simply have another attorney certify that an attorney’s conduct deviated from the typical standards of care. … Continue reading

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