Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Duties: Communicate

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AR: Court Denies Withdrawal when Foreseeable Prejudice to Client

Posted in Arkansas, Duties: Communicate, Litigation, Local & Co-Counsel, Standard of Care
Vang Lee v Mansour, 104 Ark. App. 91 (2008) AR: Underlying litigation Student Contributor: Meghan Jean Facts:  Mansour was one of two attorneys client Vang Lee hired to represent him in a lawsuit. When Attorney #2 (also named Lee)  left for a month-long vacation, he left instruction for Mansour to schedule a pretrial conference between … Continue Reading

AL: “Blatant Error” Excused in Absence of Causation and Damages

Posted in Affidavit/Certificate of Merit, Alabama, But for-Proximate Cause, Case Within a Case, Damages, Duties: Communicate, Expert Witnesses, Substantial Factor-Proximate Cause
Guyton v. Hunt, Court of Civil Appeals of Alabama, July 23, 2010. Facts:  Guyton was convicted of sexually abusing a minor.  After his conviction, he retained Hunt to prepare and file a motion for new trial, and if that was denied, file an appeal.  Hunt’s motion for a new trial was denied, but he never advised … Continue Reading

Duty to Communicate Settlement Offers

Posted in Duties: Communicate, Federal, Torts/Personal Injury
Moores v. Greenberg 834 F.2d 1105, (1st Cir. 1987) Fed’l Underlying Longshoreman’s Act personal injury Student Contributor: Ryan O’Donnell Facts: Longshoreman was injured during the course of his employment and was able to collect compensation benefits through his employer. He then retained an attorney to bring a  liability claim against the ship owners. The ship … Continue Reading

PA: Lawyer’s Fraud as Basis for Malpractice

Posted in Duties: Communicate, Pennsylvania, Torts/Personal Injury
O’Callaghan v. Weitzman, 436 A.2d 212 (Pa. Super. Ct., 1981) PA Underlying Tort Action. Student Contributor: Colleen Gaedcke Facts: The plaintiffs, husband, wife and daughter, brought a fraud and legal malpractice action against the defendant resulting from the defendant’s representation of in a vehicular negligence accident. The defendant hired a colleague to handle the plaintiff’s … 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

Duty to Communicate and Explain Significance of Contract Terms

Posted in Duties: Communicate, New Jersey, Real Estate
Conklin v. Hannoch Weisman,  281 N.J.Super. 448 (App. Div. 1995) Student Contributor: Maninder (Meena) Saini NJ Underlying failure to explain contract terms leading to loss of equity in realty. Facts: A New Jersey partnership, Conklin Farms (plaintiff), was represented by Kemph and his law firm, Hannoch Weisman, P.C. (defendants) in the sale of undeveloped land. … Continue Reading

PA: Settlement Offers: Investigate, Communicate, Negotiate; so you Won’t Have to Compensate…

Posted in Duties: Communicate, Litigation, Pennsylvania, Torts/Personal Injury
Rizzo v. Haines, 520 Pa. 484, 555 A.2d 58 (Penn. 1989) PA Underlying med mal and personal injury cases Student Contributor: Evan Michael Hess  Facts: The clients retained the  attorney in a case arising from a medical malpractice  against a physician and hospital and a personal injury suit against the city of Philadelphia. The attorney … Continue Reading

PA: Duty to Communicate Settlement Offers

Posted in Duties: Communicate, Federal, Litigation, Pennsylvania, Torts/Personal Injury
Builders Square, inc. v. Saraco,  868 F. Supp. 748 (E.D. Pa. 1994). PA. underlying products liability suit Student contributor: Cheryl Neuman Facts: Plaintiff was a defendant in an underlying products liability lawsuit. Plaintiff was a retailer of the allegedly defective product. The distributor of the product was also named as a defendant. The distributor had … Continue Reading

PA: Duty to Communicate Settlement Offers to Client

Posted in Duties: Communicate, Federal, Litigation, Pennsylvania, Torts/Personal Injury
Moores v. Greenberg 834 F.2d 1105, 9 Fed.R.Serv.3d 1314 (1987) PA: Underlying personal injury Student Contributor: Ryan O’Donnell Facts: Longshoreman was injured during the course of his employment and was able to collect compensation benefits through his employer. He then retained an attorney to bring a third party liability claim against the ship owners. The … Continue Reading

Restatement of the Law Governing Lawyers §20. A Lawyer’s Duty to Inform and Consult with a Client

Posted in Duties: Communicate, Restatement of the Law Governing Lawyers
A lawyer must keep a client reasonably informed about the matter and must consult with a client to a reasonable extent concerning decisions to be made by the lawyer under §§21-23. A lawyer must promptly comply with a client’s reasonable request for information. A lawyer must notify a client of decisions to be made by … Continue Reading
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