Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: Arbitration

NY: INTERNATIONAL BUSINESS ADVICE NOT LEGAL MALPRACTICE

Posted in New York
GUS Consulting GmbH v. Chadbourne & Parke, LLP, 74 A.D.3d 677, 905 N.Y.S.2d 158 (2010) NY: underlying international corporate case Student Contributor: Alexis Trezza Facts: Defendants represented CAIB and its affiliates in international investments. Plaintiffs sued defendants for legal malpractice because plaintiffs allege that defendants failed to warn them, in 1998, of possible criminal consequences… Continue Reading

CA: Duty to Invoke Arb Clause, or Risk Waiver

Posted in California
Augusta v. Keehn & Assoc., 193 Cal.App.4th 331 (March 4, 2011).  Facts: August sued his former attorney, Keehn, for legal malpractice in December, 2008. The parties’ contract included a provision for binding arbitration, but Augusta did not invoke it until six-seven months after the filing of his Complaint.  Issue: Did Augusta waive his right to… Continue Reading

ME: Effect of Factual Determinations by Fee Arb Panel

Posted in Attorneys Fees, Expert Witnesses, Maine
Perry v. Emerson, Supreme Judicial Court of Maine, October 26, 2010.  Facts:  Emerson initiated a fee arbitration proceeding against her former attorneys, alleging that she never agreed to be responsible for the legal fees incurred in her divorce action and she was led to believe her husband would be responsible for the fees. The arbitration panel… Continue Reading

Arbitrating Legal Malpractice Claims: OK Clauses in Retainer Agreements

Posted in Alternate Dispute Resolution, Attorneys Fees, Commercial, New Jersey
Kamaratos v. Palias, 360 N.J. Super. 76 (App. Div. 2003) Student Contributor:  Melissa Goldberg NJ Underlying Commercial Action Facts: The Plaintiff was a minority shareholder in a corporation and retained Defendant attorney to represent its interests in  a dispute with the majority shareholder. The retainer agreement included an arbitration provision whereby  Plaintiff agreed that any… Continue Reading
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