A general release, while signed by a particular individual, also releases other parties from any liability stemming from the underlying matter, whether those parties are named or unnamed in the release. The effects of a release can be far-reaching and unintended and can affect the rights of the client if the release carelessly relinquishes the […]
Category Archives: Legal Malpractice
Sometimes I get calls from potential clients who wonder whether they can sue an attorney if they were not actually that attorney’s client, which raises an interesting question. Generally speaking, in order to maintain an action for legal malpractice, an attorney-client relationship is necessary. That’s the general rule, however, and there is an exception that […]
An attorney may form a privileged relationship with a client either expressly or implicitly. Attorneys owe a duty of care to their clients. However, under certain narrow circumstances, individuals who are not actual parties to a contract between attorneys and their clients may have standing to enforce this contract and thus sue the attorney for […]
When clients ask me as an experienced Media Legal Malpractice Lawyer, what types of damages they can expect to recover in a malpractice action. Clients often think of pain and suffering – which one can generally get in personal injury actions based on physical injury; however, those types of damages are not recoverable in legal […]
Years of practicing in the area of professional malpractice have taught me as an experienced Media Legal Malpractice Lawyer, that clients don’t always have a written fee agreement with their attorneys, and that brings to mind an important question. Is a written attorney-client fee agreement necessary to establish an attorney-client relationship? The answer to that question is […]
To succeed on a claim of malpractice against his or her current or former attorney, a plaintiff must demonstrate that he or she would have prevailed in the case in which the alleged negligent representation was committed. This is known as the “case within the case” or may be referred to as the “underlying matter.” […]
Whenever clients call me as an experienced Media Legal Malpractice Attorney, they want to know what expenses they can expect to incur in the course of a legal malpractice action. By far the biggest of these is the cost of an expert witness. It is essential to discuss this with a client. Proving your malpractice case requires […]
Almost daily, clients contact me as an experienced Media Legal Malpractice Lawyer, alleging all different types of malpractice theories against their attorneys. These claims run the gamut, but the most common scenario we encounter occurs when the facts of the case flush out the fact that the attorney is practicing in an area outside the scope of […]
Clients often contact me as an experienced Media Legal Malpractice Attorney about their attorney’s actions. Maybe the attorney made an error or, worse, some clients allege that their attorney intentionally took some wrongful action. For several reasons, it’s important to distinguish between those two situations. Intentional wrongful acts generally reflect an attorney’s ethical standards and could result […]