Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Legal Ethics

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NJ: Exception to the American Rule for Successful Insureds

Posted in Legal Ethics, New Jersey
Guarantee Insurance Co. v. Saltman, 217 N.J. Super. 604, (App. Div. 1987) NJ Underlying Legal Malpractice Action Student Contributor: Colleen Gaedcke Facts: A few months after obtaining professional malpractice coverage from the plaintiff, one of the partners at the defendant law firm was served with a legal malpractice complaint. The defendant submitted the complaint to… Continue Reading

7th Cir: A Claim, By Any Other Name…

Posted in Commercial, Conflicts of Interest, Corporate Law, Expert Witnesses, Federal, Fiduciary Duty, Legal Ethics, Litigation
Hoagland v. Sandberg, Phoenix & Von Gontard, 385 F. 3d 737 (2004) 7th Cir.: Underlying legal malpractice claim Student Contributor: Clem Durham Facts: The district court determined after a bench trial that Hoagland’s suit failed as a suit for legal malpractice. Hoagland doesn’t disagree. His grievance is that he should have been allowed either to… Continue Reading

Disqualification for Conflicts of Interest

Posted in Conflicts of Interest, Fiduciary Duty, Legal Ethics, Pennsylvania
Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 529 Pa. 241 (Pa. 1992) Student Contributor: Melissa Goldberg Underlying: Motion to disqualify for  Conflict of Interest  Facts: Defendant represented Plaintiff in broad range of labor matters for well over a decade. During the course of their labor representation of Plaintiff, Defendant became familiar with Plaintiff’s operations… Continue Reading

PA: Partial Protection under the Attorney-Client Privilege

Posted in Legal Ethics, Pennsylvania
Coregis Insurance Co. v. Law Offices of Carole F. Kafrissen, 186 F. Supp.2d 567 (3d Cir. 2002) Underlying Legal Malpractice Action Student Contributor:  Justin Lieberman Facts: An attorney was sued for professional malpractice and his carrier agreed to settle the claim with his consent. The attorney then filed a compliant against his carrier for bad… Continue Reading

NJ: Workers Compensation Liens Attach to Legal Malpractice Recovery

Posted in Insurance, Legal Ethics, New Jersey
Utica Mutual. Ins. Co. v. Maran & Maran, 142 N.J. 609 (1995) NJ Underlying workers comp proceeding Student Contributor:  Lisa Larato Facts: Defendant Ingala sustained work related injuries and had been receiving workers compensation benefits from the Plaintiff, Utica Mutual Insurance Co. (Utica). Ingala retained a separate attorney to handle a products liability claim against the… Continue Reading

PA: Injunctive Relief Available for Breach of the Rules of Professional Conduct

Posted in Conflicts of Interest, Legal Ethics, Pennsylvania, Rules of Professional Conduct (RPCs)
Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz, 529 Pa. 241; 602 A.2d 1277 (Pa., 1992) PA Underlying Legal Ethics Matter Student Contributor: Lisa Larato Facts: This legal malpractice action was commenced by the Plaintiff, Maritrans GP, Inc., former clients of the Defendant law firm, due to the law firm’s representation of the Plaintiffs’ competitors, entities… Continue Reading

NJ Saving the Innocent Partner from Misrepresentations to the Carrier

Posted in Legal Ethics, New Jersey
First American Title Ins. Co. v. Lawson, 351 N.J. Super. 407 (App. Div. 2002)(PDF) Student Contributor: Evan Kusnitz NJ Underlying Legal Ethics Action Facts: Three attorneys formed a law firm in New Jersey. In addition to engaging in the unauthorized practice of law in New Jersey, one of the attorneys, Wheeler, also misappropriated client funds.… Continue Reading
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