Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Engagement

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MD: Choose Your Words Wisely: Retainer Agreements Create Contractual Obligations

Posted in Engagement, Family Law, Maryland
Abramson v. Wildman, 184 Md.App.189, 964 A.2d 703 (2009) MD: Underlying Custody Dispute Student Contributor: Vanessa L. Wachira Facts: Ronald Wildman (Client) retained Joel Abramson (Attorney) to advise and represent him in a custody dispute. The retainer agreement informed Client that he could “expect [Attorney’s] firm to be both sensitive and professionally responsive to [his]… Continue Reading

MI: Defining the Attorney Client Relationship

Posted in Engagement, Michigan
Kopulos v. Scott, Court of Appeals of Michigan, February 2011  MI: Underlying consultation for Personal Injury Claim; declined representation Facts: In October or November 2003, Kopulos contacted the defendants attorneys about a potential claim against her landlord for carbon monoxide poisoning. During the consultation, plaintiff referred to a December 2002 motor vehicle accident in which she… Continue Reading

NY: No Retainer, No Fees?

Posted in Attorneys Fees, Disgorgement of Fees, Engagement, Family Law, New York
Cruciata v. Mainiero, Supreme Court, New York County, January 14, 2011. Facts:  Plaintiff contended that she did not owe Defendant attorney, her former counsel, the legal fees he collected from her in the underlying divorce action since he, allegedly, never provided her with a statutorily compliant retainer agreement.   Issues: Is an attorney entitled to… Continue Reading

NJ: Establishing the Attorney-Client Relationship

Posted in Engagement, New Jersey
Connelly v. Frohling, Hudak & McCarthy, P.C., N.J. App. Div., September 9, 2010 (Unpublished). Facts:  After Plaintiffs’ house sustained extensive damage, including destruction of the roof and resulting mold infestation, as a result of several storms, Plaintiffs sued their homeowners’ insurer pro se.  After their complaint was dismissed, Plaintiffs consulted defendants with regard to reinstatement within the one year time frame.  Despite Plaintiffs’… Continue Reading

NY: Labor Union or Union Member–Who Is My Client?

Posted in Engagement, New York, Privity
Mamorella v. Derkasch, 716 N.Y.S.2d 211(2000). NY: Underlying employment law Student Contributor: Jason Zemsky Facts: Plaintiff Mamorella was appointed to a three-year probationary appointment as principal of the Auburn West Middle School. One year into her employment the Superintendent of Schools sent plaintiff a letter notifying her of his intention to terminate her probationary appointment.… 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

Liability to Prospective Clients: The Non-Engagement Letter

Posted in Engagement, Litigation, Minnesota, Non Engagement Letter, Torts/Personal Injury
Togstad v. Vesely, Otto, Miller & Keef 291 N.W.2d 686 (Min. 1980) Facts: Plaintiff had consulted with an attorney about bringing a medical malpractice claim. At the conclusion of the consultation, the attorney decided not to take the case, but failed to inform the client about the applicable statute of limitations, that he was not… Continue Reading

Restatement of the Law Governing Lawyers §14. Formation of a Client-Lawyer Relationship

Posted in Engagement, Restatement of the Law Governing Lawyers
A relationship of client and lawyer arises when: 1. a person manifests to a lawyer the person’s intent that the lawyer provide legal services for the person; and either (a) the lawyer manifests to the person consent to do so; or (b) the lawyer fails to manifest lack of consent to do so, and the… Continue Reading