Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Substantial Factor-Proximate Cause

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NJ: The Lawyer/Broker Conflict

Posted in Fiduciary Duty, New Jersey, Standard of Care, Substantial Factor-Proximate Cause, Wills Trusts & Estates
Lovett v. Estate of Lovett, 250 N.J. Super. 79, 593 A.2d 382 (Ch. Div. 1991) NJ: Underlying will and estate contest Student Contributor: James Quinn Facts: Plaintiffs are two former guardians and children of decedent, who passed away during this action. They allege malpractice by attorney in drafting a more simple will for their father, eliminating… Continue Reading

WY: Establishing Proximate Cause

Posted in But for-Proximate Cause, Proximate Cause, Substantial Factor-Proximate Cause, Wyoming
Rivers v. Moore, Myers & Garland, LLC, Supreme Court of Wyoming, Appellate Division, July 28, 2010. Facts: Rivers alleged that the Defendants committed malpractice by failing to adequately warn him of the subject property’s development restrictions, and by delaying in taking action on his behalf to address those development issues. The trial court granted summary judgment… Continue Reading

NJ: Settle and Sue Continued, Puder Rejected

Posted in But for-Proximate Cause, Conflicts of Interest, Damages, New Jersey, Proximate Cause, Rules of Professional Conduct (RPCs), Standard of Care, Substantial Factor-Proximate Cause
Gorjuice Wrap, Inc. v. Okin, Hollander & De Luca, LLP, N.J. App. Div., January 12, 2011 (Unpub.) Facts:  Kang retained Attorney Watkins to assist her in negotiating a commercial lease with the Talmos.  Unbeknownst to Kang, Watkins had been a longtime attorney for the Talmos.  In fact, he had represented them in their purchase of… Continue Reading

MD: “Case within a Case,” the Golden Test for Proximate Cause

Posted in But for-Proximate Cause, Case Within a Case, Maryland, Proximate Cause, Substantial Factor-Proximate Cause
Suder v. Whiteford, Taylor & Peston, LLP, Court of Appeals of Maryland, April 9, 2010.  Facts:  Suder filed an action for legal malpractice against her former attorneys, alleging failure to timely file a request for a fifth extension which, ostensibly, caused her to receive approximately $270,000 less under a will than she otherwise would have.  The… Continue Reading

AL: “Blatant Error” Excused in Absence of Causation and Damages

Posted in Affidavit/Certificate of Merit, Alabama, But for-Proximate Cause, Case Within a Case, Damages, Duties: Communicate, Expert Witnesses, Substantial Factor-Proximate Cause
Guyton v. Hunt, Court of Civil Appeals of Alabama, July 23, 2010. Facts:  Guyton was convicted of sexually abusing a minor.  After his conviction, he retained Hunt to prepare and file a motion for new trial, and if that was denied, file an appeal.  Hunt’s motion for a new trial was denied, but he never advised… Continue Reading

Non-Collectibility of Judgment: Affirmative Defense to Legal Malpractice Action

Posted in Defenses, Litigation, New Jersey, Statute of Limitations, Substantial Factor-Proximate Cause
Albee Associates v. Orloff, Lowenbach, Stifelman and Siegel, P.A., 317 N.J.Super. 211 (App. Div. 1999) NJ Underlying Civil Litigation Student Contributor:  Joshua D. Aronson Facts: Defendant attorneys were hired by the plaintiffs to represent them in a civil fraud action. An entry of default was granted in favor of the plaintiffs. Following the entry of default,… Continue Reading