Blog Archives

Where a law-firm LLP has entered the windup period and has ceased to provide any legal services, the windup period does not constitute practicing law and therefore no acts of malpractice could be committed during this period

Posted in *All Posts, *Published case, Attorney-client-relationship, Legal Malpractice

An attorney who knowingly misappropriates funds from a client is subject to disbarment

Posted in *All Posts, *Published case, Attorney-client-relationship

The OAE may investigate a grievance after a DEC secretary has declined to docket the matter

Posted in *All Posts, Attorney-client-relationship

Agreements made by attorneys when acting within the scope of their authority are enforceable against their clients

Posted in *All Posts, Agency, Agreements, Attorney-client-relationship, Property-settlement-agreement, Settlement agreement

The Rules of Professional Conduct were intended to regulate lawyer conduct through the disciplinary process, not to serve as a basis for civil liability

Posted in *All Posts, Attorney-client-relationship, Legal Malpractice

A lawyer may not employ a non-lawyer assistant to advise clients with respect to their legal rights

Posted in *All Posts, Attorney-client-relationship, Legal Malpractice

Representation is inherently an aware, consensual relationship founded upon the lawyer affirmatively accepting a professional responsibility

Posted in *All Posts, Attorney-client-relationship, Legal Malpractice

The elements of a cause of action for legal malpractice

Posted in *All Posts, Attorney-client-relationship, Legal Malpractice

Plaintiffs in malpractice cases are required to make a threshold showing that their claim is meritorious

Posted in *All Posts, *Published case, Affidavit Of Merit, Attorney-client-relationship, Legal Malpractice

There is a long-standing reluctance in permitting a non-client to sue an adversary’s attorney

Posted in *All Posts, *Published case, Attorney-client-relationship, Legal Malpractice, Malicious use of process

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