Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Alternate Dispute Resolution

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TX: Abandon Confidentiality or Abandon Legal Malpractice Claim: You Can’t Have it All

Posted in Alternate Dispute Resolution, Texas
Alford v. Bryant, 137 S.W.3d 916 (Tex. App. 2004) TX: Underlying  mediation Student Contributor: Megan Diodato Facts:  The client hired attorney to represent her in litigation against a contractor. The suit settled at mediation where the parties entered into a settlement agreement. All claims between client and the contractor were settled with the exception of… Continue Reading

NY: Is a Reasonable Fee Evidence of Reasonable Care?

Posted in Alternate Dispute Resolution, Attorneys Fees, Family Law, New York
Wallenstein v. Cohen, 45 A.D.3d 674, 845 N.Y.S.2d 428 (App. Div. 2007) NY Underlying  Fee Arbitration Student Contributor: Maninder (Meena) Saini Facts: Defendant-attorneys represented the plaintiff-client in a matrimonial action that resulted in a judgement for divorce pursuant to a stipulation of settlement. The plaintiff then complained to the grievance committee that the defendants over-charged her… 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