Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Insight & Commentary

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Posted in Insight & Commentary
IN MEMORIAM    William W.  Voorhees, Jr.,  Esq. We are deeply saddened to report that our dear friend and distinguished colleague, Bill Voorhees, died today. Bill was truly the lawyer’s lawyer. For more than a quarter of a century, Bill represented lawyers and their professional liability insurers in legal malpractice and insurance coverage disputes. He… Continue Reading

NJ: Mandatory Legal Malpractice Insurance: The Time Has Come.

Posted in Fiduciary Duty, Insight & Commentary, Insurance, New Jersey
Insight and Commentary from Ben Wasserman and Krishna Shah In order to drive a car in New Jersey, you need a license and insurance. If your negligent driving injures someone, you have insurance not only to protect yourself, but to protect the person you injure. In order to practice law in New Jersey, you also… Continue Reading

Studying Legal Malpractice and Learning How to Bounce Back

Posted in Insight & Commentary
Congratulations to Professor Bennett J. Wasserman and his Hofstra Law Students on launching the Legal Malpractice Law Review. This e-journal provides meaningful guidance on legal malpractice developments and prevention. In writing Legal Malpractice Law: Problems and Prevention, Professor Vincent  Johnson and I wanted to give law students a practical guide for studying legal malpractice issues.… Continue Reading

Bouncing Back After Malpractice

Posted in Insight & Commentary
The Editorial Board of the Legal Malpractice Law Review       is pleased to invite you to an online discussion starting on Monday morning November  16, 2009    led by: Professor Susan Saab Fortney    Paul Whitfield Horn Professor of Law        Texas Tech University School of Law on "Bouncing Back After Malpractice"   Professor Fortney… Continue Reading

The Hidden Issue in Akin Gump v NDR

Posted in Attorneys Fees, But for-Proximate Cause, Insight & Commentary, Texas
The Texas Supreme Court’s new opinion (October 30, 2009) in Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. National Development and Research Corporation  holds that “collectibility” must be determined no earlier than the time of the underlying judgment, and “a malpractice plaintiff may recover damages for attorney’s fees paid in the underlying case to the… Continue Reading

Akin Gump v NDR – Practical Consequences of Allowing Attorneys’ Fees as Damages

Posted in Attorneys Fees, But for-Proximate Cause, Damages, Insight & Commentary, Litigation, Texas
The Texas Supreme Court’s new opinion in Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. National Development and Research Corporation holds that a malpractice plaintiff may recover damages for attorney’s fees paid in the underlying case to the extent the fees were proximately caused by the defendant attorney’s negligence. Prior to this holding, Texas courts… Continue Reading

Breach of Fiduciary Duty in Legal Malpractice: Yea or Nay?

Posted in Fiduciary Duty, Insight & Commentary
During one of our recent class meetings at Hofstra Law School, we discussed the different causes of action that are typically brought in legal malpractice lawsuits. We saw in Fiorentino v. Rapoport, 693 A.2d 208 (PA. 1997), at least three separate and distinct causes of action: breach of contract, negligence and breach of fiduciary duty.… Continue Reading

Ineffective Assistance of Counsel: Legal Malpractice reaches the High Court

Posted in Criminal Law, Insight & Commentary
Padilla v. Kentucky, Argued before the US Supreme Court Oct. 13, 2009 (PDF) Does a lawyer’s wrong advice to a client, a permanent resident alien, to plead guilty to a criminal charge that results in his deportation, amount to  ineffective assistance of counsel? The High Court heard oral argument today. Stay tuned. Read the argument… Continue Reading
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