Monthly Archives: March 2012

The Den of Damages.

At times, Plaintiffs may not be happy with the counsel they have hired. However, unless there is actual loss, there is nothing actionable in court. Power Gourmet Concepts Inc. v. Irwin & McKnight, Cv-09-1199, Oct. 1, 2010 (M.D. Pa. 2010) … Continue reading

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Disagreement or Deviation?

What constitutes legal malpractice? While this seems like a simple question, it is not always simple to define. This is especially true when a client requests one action, but an attorney does not follow such a request. At what point … Continue reading

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No Harm…No Help.

As this blog has mentioned before, one of the key requirements of any legal malpractice action is harm. What this means to a client who has received deficient legal services is there may be nothing but a broken promise after … Continue reading

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When a Duty Exists.

Estate of Spencer v. Gavin, 400 N.J. Super. 220 (N.J. App. Div. 2008) is a case in which the court characterized it as “a sad chronology of opportunism.” The plaintiffs were beneficiaries of Madeline Spencer’s estate. Madeline had retained Daniel … Continue reading

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More than Malpractice.

In Tower Investments Inc. v. Rawle & Henderson LLP, 3291 MAYTERM 2007, 2008 WL 1923170 (Pa. Com. Pl. 2008), a Philadelphia court heard a complaint of legal malpractice alleged against attorneys hired by the insurance company to defend the policy … Continue reading

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Do You Need an Expert Opinion?

Legal malpractice is a difficult arena for plaintiffs. Much of the time, a case may turn on whether an expert opinion is needed or not. In other words; when is a legal decision susceptible to lay opinion, and when is … Continue reading

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When Should Conduct be Punished?

In legal malpractice cases, the issue of damages often arises. How much did an attorney’s mistake cost, if anything at all? Usually, courts will base damages on a calculation of the mistake. However, at times conduct can become so outrageous … Continue reading

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Sometimes…the Truth Hurts.

As discussed previously on this blog, New Jersey law often precludes recovery by a non-client against an attorney. Aside from wills, courts have also created an exception when an attorney owed a duty to a non-client by virtue of being … Continue reading

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