Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: attorney’s

Texas | Lawyer Fraud | Fiduciary Duty | Professional Negligence

Posted in Texas
Shih v. Tamisiea, 306 S.W.3d. 939 (Tex. App. 2010) TX: Contract law Student contributor: David Yanoff Facts:  Plaintiff invested in a new restaurant by purchasing shares of a company (ABF) that leased retail space for the restaurant. Plaintiff also personally guaranteed the lease payments. The restaurant developers contracted with a third party (Momentum Group) for… Continue Reading

NJ: The Obligatory Defense of Legal Malpractice to Claims for Nonpayment of Attorney’s Fees

Posted in Attorneys Fees, Commercial, Damages, Litigation, New Jersey
Glass v. Suburban Restoration Co., Inc., 317 N.J. Super. 574, 722 A.2d 944 (App. Div. 1998). NJ Underlying Attorney’s Fee Dispute Student Contributor: Michelle Guardado Facts: Plaintiff attorney provided legal services for defendant for about eight months until defendant discharged plaintiff. During the period plaintiff represented defendant she submitted bills for legal services and disbursements.… Continue Reading

NJ: Waiver of Attorneys’ Fees Must Be Clear and Unambiguous in Settlement Agreements

Posted in Attorneys Fees, New Jersey
Iram P. Valentin and Edward Patrick Abbott NJ: Settlement Agreements; Attorneys Fees The New Jersey Appellate Division reiterated the need for care in addressing the issue of attorney’s fees in settlement agreements in a recent opinion approved for publication. It is customarily assumed by attorneys that unless specifically provided by statute, rule or case law, litigants… Continue Reading

NJ: Attorney’s Liens Enforced Prior to Resolution of Malpractice Action

Posted in Attorneys Fees, New Jersey
Cole v. Cole, N.J. App. Div. February 8, 2010 Facts: Defendant allegedly failed to pay his attorneys for services rendered, and the attorneys sought to impose a lien under N.J.S.A. which attaches to a verdict, report, decision, award, judgment, or final order in the client’s favor.  The trial court made a determination as to the proper amount… Continue Reading

The Co-Counsel Relationship: Friend or Foe?

Posted in Local & Co-Counsel, New York, Wills Trusts & Estates
Steinberg v. Schnapp, 2010 NY Slip Op 02991 (1st Dept. April 13, 2010) Underlying Probate Matter Facts: Steinberg and Schnapp, both attorneys practicing independently, undertook the representation of another attorney, Borstein. Borstein had retained Steinberg and Schnapp to represent him with respect to “all legal proceedings and asset administration concerning the wills, assets and estate… Continue Reading