Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Scope of Representation

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FL: Attorney-Client Privilege May Apply Between Separate Attorneys Representing the Same Client

Posted in Commercial, Florida, Insurance, Local & Co-Counsel, Scope of Representation
Volpe v. Conroy, Simberg and Ganon, P.A., 720 So. 2d 537 (Fla. App. 1998) Fla. App: Underlying Construction litigation Student Contributor: Ross Eisenberg Facts: Clients were involved in construction litigation in which their insurance company hired Conroy, Simberg and Ganon (CSG) to represent them under a reservation of rights. The clients also hired their own personal… Continue Reading

PA: No Vicarious Liability if Lawyer Did Not Act in the Scope of His Employment

Posted in Pennsylvania, Scope of Representation, Vicarious Liability
Atkinson v. Haug, 622 A.2d 983 (Pa. Super. 1993). PA: Underlying real estate investment Student Contributor: Laura Binski Facts: Atkinson entered into a partnership agreement for an apartment complex with Haug, his friend and business associate. Haug was also a lawyer at Acton & Acton, P.C (“Acton”). The business investment failed, and Atkinson brought a… Continue Reading

IN: Court Upholds “Limited Representation” Agreement

Posted in Indiana, Scope of Representation
Flatow v. Ingalls, Court of Appeals of Indiana, August 16, 2010 (Unpublished).  Facts:  Ingalls sued the Flatow Defendants for legal malpractice, alleging that defendants were negligent in failing to respond to a cross-motion for summary judgment.  Defendants argued that they had no duty to do so under the parties’ Retainer Agreement, which provided that the… Continue Reading

Attorney-Client Relationships When You Don’t Represent a Client

Posted in Duties: Confidentiality, Federal, Scope of Representation
U.S. v. Costanzo, 625 F.2d 465 (D.N.J., 1980) 3d Cir.  Underlying Criminal Defense (Attorney-Client Relationship and Duty of Confidentiality)  Student Contributor: Maninder (Meena) Saini Facts: Defendant (Costanzo), a government informant, was convicted of conspiracy to possess and possession of stolen checks. In the past, the defendant was represented by attorney (Frank Paglianite) on various civil and… Continue Reading

Attorney-Client Privilege when Malpractice is Threatened

Posted in Commercial, Scope of Representation
Koen Book Distributors v. Powell, Trachtman, Logan, Carril, Bowman & Lombardo, P.C., 212 F.R.D. 283 (E.D. Pa. 2002). PA. underlying bankruptcy proceeding Student contributor: Cheryl Neuman Facts: Plaintiffs retained Defendants for advice concerning a security interest from one of its customers. After the customer filed for bankruptcy, defendants continued to represent plaintiffs as creditors in… Continue Reading