Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: fees

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: Securing Payment of Fees with a Mortgage on Client Property

Posted in New Jersey
Petit-Clair v. Nelson, 782 A.2d 960 (N.J. Super. Ct. App. Div. 2001) NJ: Underlying Client Mortgage to Secure Payment of Legal Fees Student Contributor: Le-el D. Sinai Facts: The defendants in this case are business owners who hired the plaintiff attorney to represent their businesses in litigation. During litigation, defendants agreed to give the plaintiff… 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

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