Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

    LAWYER MALPRACTICE COURSE SYLLABUS (CRN 94932)      FALL  SEMESTER, 2016      Maurice A. Deane School of Law        HOFSTRA UNIVERSITY   Updated: August 12, 2016  Prof. Bennett Wasserman Email: legalmalguru@gmail.com Cell and Text: 201.803.6464 Secretary: Joyce Cox; Room 216C, Ext. 36339.      Introduction: Welcome to one of the fast growing substantive areas of the law: Lawyer Malpractice. Today, there are more lawyers than ever before and   lawyers…
Gans v. Mundy, 762 F.2d 338 (3d Cir. 1985) Underlying PA Tort Action Student Contributor: Colleen Gaedcke Facts: The appellant suffered injuries while commuting to work on a public bus. The appellant retained the appellee to represent him in the underlying action. The appellees filed suit against Amtrak but not against the South Eastern Pennsylvania Transportations Authority (SEPTA). After the suit was filed the appellant returned to work and sustained yet another injury. The appellant…
Maxer v. Security Ins. Group, 368 F. Supp. 418 (E.D.Pa. 1973) Underlying PA Medical Malpractice Action Student Contributor: Colleen Gaedcke Facts: The plaintiff brought a medical malpractice action against a doctor who was insured by the defendant insurance company. At the time of the alleged medical malpractice the doctor had two insurance polices, one being with the defendant with a limit of liability for each claim in the amount of $40,000 and imposed upon the…
GUS Consulting GmbH v. Chadbourne & Parke, LLP, 74 A.D.3d 677, 905 N.Y.S.2d 158 (2010) NY: underlying international corporate case Student Contributor: Alexis Trezza Facts: Defendants represented CAIB and its affiliates in international investments. Plaintiffs sued defendants for legal malpractice because plaintiffs allege that defendants failed to warn them, in 1998, of possible criminal consequences of their use of a simple partnership (SP) structure to invest in Gazprom (a Russian natural gas company). They continued…
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 divorce was granted on December 7, 2001. Plaintiff and wife were both attorneys, and had entered a prenuptial agreement. Plaintiff…
Sotelo v. Stewart, 281 S.W.3d. 76 (Tex App. 2008) TX: Underlying Contract law Student contributor: David Yanoff Facts:  Defendant had represented plaintiff’s husband in a breach of contract action. The husband had signed a contract to purchase real property in 1991, to which plaintiff was not a party. When he defaulted, a judgment of $82,000 was entered against him in December 1994. Defendant had withdrawn from representing the husband in March, 1994, but not before…
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 construction work to finish the space. Plaintiff met once with Momentum, but did not negotiate or approve a contract with…
Bagoly v. Riccio, 102 Conn. App. 792, 927 A.2d 950 (2007) CT: Underlying post marital dissolution matter Student Contributor: Nicholas Kingsbury Facts: The former client was dissatisfied with the result of his marital dissolution agreement, and had an attorney file a motion to clarify and modify the agreement. The attorney negotiated with the other side and agreed that the client’s alimony payments would be replaced with his former wife being named as the beneficiary of…
Olympia Mortgage Corp. v. Klein, 61 Conn. App. 305, 763 A.2d 1055 (2001) CT: Underlying legal advice and representation matter  Student Contributor:  Nicholas Kingsbury Facts: Client sued his former attorney and served him with a summons and complaint. The court dismissed the client’s complaint ruling that the client wrote an improper return date on the document. An improper return date will raise a subject matter jurisdiction problem (the court’s power to hear a given dispute),…
Calvert v. Scharf, 217 W. Va. 684 (2005) WV: Wills, Trusts, and Estates Student Contributor: Rachel Vincent Facts: Estate administrator and will beneficiaries are suing attorney for legal malpractice in connect to drafting a will. Erma and Garret were married. They had no children together, but each had children from previous marriages. The plaintiffs in this action are the children of James A. Calvert, Sr., (son of Erma who is deceased) and the executor of…