Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Vicarious Liability

Subscribe to Vicarious Liability RSS Feed

WV: Must have “joint venture” in order for local counsel to be vicariously liable

Posted in Ohio, Vicarious Liability, West Virginia
Armor v. Lantz, 207 W. Va. 672 (2000) WV: Torts – Products Liability Student Contributor: Rachel Vincent Facts: Clients brought legal malpractice action against attorney who acted as local counsel in products liability litigation. Plaintiffs were involved in a car accident in West Virginia on June 3, 1991. In 1993 plaintiffs filed action against Michelin … Continue Reading

PA: No Vicarious Liability if Lawyer Did Not Act in the Scope of His Employment

Posted in Pennsylvania, Real Estate, Vicarious Liability
Atkinson v. Haug, 622 A.2d 983 (Pa. Super. 1993). PA: Underlying real estate investment Student Contributor: Laura Binski Facts: Atkinson entered into a partnership agreement for an apartment complex with Haug, his friend and business associate. Haug was also a lawyer at Acton & Acton, P.C (“Acton”). The business investment failed, and Atkinson brought a … Continue Reading

PA: No Vicarious Liability if Lawyer Did Not Act in the Scope of His Employment

Posted in Pennsylvania, Scope of Representation, Vicarious Liability
Atkinson v. Haug, 622 A.2d 983 (Pa. Super. 1993). PA: Underlying real estate investment Student Contributor: Laura Binski Facts: Atkinson entered into a partnership agreement for an apartment complex with Haug, his friend and business associate. Haug was also a lawyer at Acton & Acton, P.C (“Acton”). The business investment failed, and Atkinson brought a … Continue Reading

NY: Vicarious Liability: Partnership By Estoppel

Posted in New York, Vicarious Liability
 Community Capital Bank v. Fischer & Yanowitz 47 A.D.3d 667, 850 N.Y.S.2d 508 N.Y.A.D. 2 Dept., 2008 NY: Underlying Commercial Transaction Student Contributor: Ryan O’Donnell Facts: Plaintiff filed a legal malpractice action against Fischer & Yanowitz, and Jeffery Yanowitz. Plaintiff filed a motion to join Patricia Fischer and Jeffery Yanowitz as partners based upon partnership … Continue Reading

Ohio on Vicarious Liability of the Law Firm

Posted in Ohio, Vicarious Liability
Natl. Union Fire Ins. Co. of Pittsburgh, PA v. Wuerth, 122 Ohio St.3d 594, 2009-Ohio-3601 Underlying Action: Insurance (Ohio) Student Contributor: Candice L. Deaner Facts: The plaintiff retained a law firm’s partner, Wuerth, to defend them against a lawsuit. During the trial, Wuerth informed partners and the trial judge that he was sick and subsequently was … 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: Lawyer’s Vicarious Liability for Independent Contractors?

Posted in Duties: Competence, Duties: Investigate, New Jersey, Real Estate, Standard of Care, Vicarious Liability
Toth v. Vazquez, 3 N.J. Super. 379 (Ch. Div. 1949) (PDF with permission of Thomson West) Student Contributor: Anthony J. Forzano NJ Underlying Real Estate Transaction Facts: Plaintiff, a potential land buyer, brought an action for legal malpractice against the defendant-attorney, Arthur A. Wolpin, who had been engaged by the plaintiff to examine the title … Continue Reading
.