Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: Divorce

NC: Statute of Limitations | Legal Malpractice| Appeals

Posted in North Carolina
Ventriglia v. Deese, 194 N.C. App. 344, 669 S.E.2d. 817 (2008) NC: Underlying Matrimonial trial  Student Contributor: David Yanoff Facts: Plaintiff retained defendant to represent him in divorce proceedings. Plaintiff separated from his wife on October 27, 2000, who filed for absolute divorce on October 29, 2001. Plaintiff counterclaimed for equitable distribution and alimony. Absolute… Continue Reading

NY: Plaintiff’s Dissatisfaction with Settlement Not Enough to Prove Malpractice

Posted in New York
Sevey v. Friedlander, 83 A.D.3d 1226, 920 N.Y.S.2d 831 (2011) NY: Underlying divorce action Student Contributor: Alexis Trezza Facts: Defendant represented plaintiff in a divorce action. Prior to trial, a settlement was negotiated, and a stipulation setting forth the terms of  settlement was placed on the record in July 2003. Plaintiff acknowledged on the record… Continue Reading

NJ: Affidavit of Merit? Better Safe then Sorry.

Posted in Expert Witnesses, Family Law, New Jersey, Standard of Care
Prosser v. Zeldin, 2010 WL 5392707 NJ: Underlying Divorce; Affidavit of Merit  Student Contributor: Mordechai Buls FACTS: Defendant represented plaintiff in a divorce proceeding for a marriage in which the ceremony was performed in Ocho Rios, Jamaica. In the divorce case Plaintiff claimed that since there was no valid license, the marriage was not legal.… Continue Reading

NJ: No Charitable Immunity for Legal Aid Malpractice

Posted in Family Law, New Jersey
James v. Murray, NJ Law Div. (trial court) Docket No. ESX-L-9471-09 (May 17, 2011) NJ Underlying Divorce Facts: Legal Services of NJ provides  free legal representation to indigent litigants. Its revenue comes mostly from  governmental as opposed to private charitable donations.  Plaintiff here was represented by Legal Services in her divorce action.  She was  the… Continue Reading

Expert Witness Opinions: the NJ Net Opinion Rule

Posted in Expert Witnesses
Kaplan v. Skoloff & Wolfe, P.C. 770 A.2d 1258 (N.J.Super.A.D., 2001) NJ Underlying Divorce Action Settlement Student Contributor: John Anzalone Facts: Attorney represented Plaintiff in a divorce proceeding. Plaintiff alleged that because of the attorney negligence in negotiating a property settlement agreement, she received less than she was entitled to when she accepted it. Plaintiff’s… Continue Reading