Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Disengagement

Subscribe to Disengagement RSS Feed

NJ: Is it Safe to Exit?

Posted in Disengagement, New Jersey
Fraser v. Bovino, 317 N.J.Super. 23 (App. Div. 1998). Student Contributor: Lisa Larato NJ Underlying Real Estate/Land Use Transaction Facts: A deal for the sale of land fell through due to delays caused by challenges to the municipal approval of a condominium project. The real estate agent (Fraser) and the landowners (Genlaws) brought an action… Continue Reading

MI: Limits of the Attorney Judgment Rule

Posted in Defenses, Disengagement, Michigan, Standard of Care
Bush v. Goren, Michigan Court of Appeals, February 1, 2011.  Facts: In 2005, Plaintiffs consulted the defendant attorneys with respect to a medical malpractice claim related to a cardiac surgery completed on August 24, 2004 to evaluate the safety of a new vascular closure device.  After obtaining opinions of various cardiologists and vascular surgeons, the… Continue Reading

NY: Termination of Representation, An Issue of Credibility?

Posted in Disengagement, New York, Statute of Limitations
McCann v. Manheimer,  New York Supreme, Nassau County, January 10, 2011. Facts: Plaintiff filed suit for legal malpractice against her former attorneys.  Defendant attorneys moved for summary judgment on the basis that the suit was barred by the applicable statute of limitations because it had been filed more than three years after the termination of… Continue Reading

Disengaging from Long-Standing Clients

Posted in Commercial, Disengagement, Duties: Communicate, Litigation, Texas
Rice v. Forestier,  414 S.W.2d 711 (Civ. App. 1967) TX. underlying bankruptcy proceeding Student contributor: Cheryl Neuman Facts: Plaintiff retained defendant attorney for various matters, both in business and personally. Plaintiff suffered damages as a result of a default judgment filed against him in a bankruptcy proceeding. The plaintiff was served with citations. There is… Continue Reading

Vicarious Liability: The “Of Counsel” Relationship

Posted in Disengagement, Engagement, New Jersey, Vicarious Liability
Staron v. Weinstein, 305 N.J. Super. 236 (App. Div. 1997). Student Contributor:  Daniel Schick NJ Underlying Personal Injury Action Facts:  Staron was allegedly injured in an auto accident in October, 1985 and retained Weinstein to represent her in the pursuit of her personal injury claims.  The parties signed an "An Agreement to Provide Legal Services",… Continue Reading

NJ: “Safe” Withdrawal: 90 days before the Statute of Limitations Runs

Posted in Disengagement, Land Use, Zoning, New Jersey, Rules of Professional Conduct (RPCs), Standard of Care, Statute of Limitations
Fraser v. Bovino, 317 N.J.Super. 23 (App. Div. 1998) Student Contributor: Lisa Larato NJ Underlying Real Estate/Land Use Transaction Facts: A deal for the sale of land fell through due to delays caused by challenges to the municipal approval of a condominium project. The real estate agent (Fraser) and the landowners (Genlaws) brought an action… Continue Reading

Duties that Survive the Attorney-Client Relationship

Posted in Disengagement, Litigation, New Jersey, Rules of Professional Conduct (RPCs), Torts/Personal Injury
Gilles v. Wiley, Malehorn & Sirota, 345 N.J. Super. 119, 783 A.2d 756 (N.J.Super.A.D., 2001) NJ Underlying case: Litigation; Medical Malpractice Student Contributor: Geri Mulligan Facts: Lawyer represents plaintiff in a medical malpractice case. Six months after getting a favorable expert witness report, lawyer writes to client that his firm has reconsidered and will not… Continue Reading
.