Law Lessons from Stahl v. Stahl and DeLaurentis P.C., App. Div., Nos. A-3978-13T1, A-4209-13T1, March 17, 2016:
“The elements of a cause of action for legal malpractice are (1) the existence of an attorney-client relationship creating a duty of care by the defendant attorney, (2) the breach of that duty by the defendant, and (3) proximate causation of the damages claimed by the plaintiff.” McGrogan v. Till, 167 N.J. 414, 425 (2001) (citing Conklin v. Hannoch Weisman, 145 N.J. 395, 416 (1996)).
Legal “representation is inherently an aware, consensual relationship,” which “is founded upon the lawyer affirmatively accepting a professional responsibility,” and such acceptance “need not necessarily be articulated.” In re Palmieri, 76 N.J. 51, 58 (1978).
NOTE from Paul G. Kostro, Esq.: If you are interested in Mediation; or have issues relating to Divorce, Domestic Violence, Child Support; Landlord-Tenant Matters; Contracts; Business Formation or Disputes; or Other Legal Matters, please call me to schedule an appointment — I can be reached by telephone at (908)232-6500; or by Email.
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NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator and collaborative law practitioner in Westfield, Union County, New Jersey.