Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Duties: Conflict Avoidance

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GA: Suing for fees: A New Twist?

Posted in Attorneys Fees, Conflicts of Interest, Duties: Conflict Avoidance, Family Law, Georgia
Levine v. Television Cablecasting, Inc., 581 S.E.2d 734 (2003) GA: Underlying divorce action Student Contributor: Farah Shahidpour Facts: Wife inherited title to a farm. She later transferred title to Television Cablecasting (TCI), a company wholly owned by her husband. Wife sues husband for divorce, seeking title to the farm. Husband asked his longtime friend, Attorney… Continue Reading

Conflicts of Interest in Commercial Transactions: Representing Multiple Parties

Posted in Commercial, Conflicts of Interest, Duties: Conflict Avoidance, Iowa
Dessel v. Dessel and Donohue,431 N.W.2d 359 (Sup. Ct. 1988). Iowa underlying partnership dissolution Student contributor: Cheryl Neuman Facts: Two brothers, James and George, were partners in a business and wanted to dissolve the partnership. Both brothers retained one lawyer, the defendant in the present action. The agreement stated that James’ share of the partnership… Continue Reading

PA: Conflicts and Malpractice in Commercial Transactions

Posted in Commercial, Conflicts of Interest, Duties: Conflict Avoidance, Fiduciary Duty, Pennsylvania
Fiorentino v. Rapoport,   693 A.2d 208 (Pa. Super. 1997). PA underlying sale of business interest : conflict of interest Student contributor: Cheryl Neuman Facts: Plaintiff and his business partner had established a restaurant servicing business. Ten years later, plaintiff and his partner decided to end their business relationship. They hired defendant lawyer to draft the… Continue Reading

Restatement of the Law Governing Lawyers §16. A Lawyer’s Duties to a Client –In General

Posted in Duties: Competence, Duties: Confidentiality, Duties: Conflict Avoidance, Restatement of the Law Governing Lawyers
To the extent consistent with the lawyer’s other legal duties and subject to the other provisions of this Restatement, a lawyer must, in matters within the scope of the representation: proceed in a manner reasonably calculated to advance a client’s lawful objectives, as defined by the client after consultation; act with reasonable competence and diligence;… Continue Reading
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