NY: Hearst Heir in Legal Malpractice Claim Alleges Undue Influence
Hearst v. Hearst, 50 A.D.3d 959, 857 N.Y.S.2d 596 (App. Div. 2d Dep’t 2008). NY: Underlying divorce case and undue influence claim Student Contributor: Nicole Milone Facts: John Randolph Hearst, Jr....
View ArticleRLGL §§ 123-124 Imputation of Conflicts and Removing Imputations
Restatement of the Law Governing Lawyers (ALI, 2000) § 123. Imputation of a Conflict of Interest to an Affiliated Lawyer Unless all affected clients consent to the representation under the limitations...
View ArticleRLGL §122 Client Consent to a Conflict of Interest
Restatement of the Law Governing Lawyers (ALI, 2000) § 122. Client Consent to a Conflict of Interest (1) A lawyer may represent a client notwithstanding a conflict of interest prohibited by §121 if...
View ArticleIN: Cops in Criminal Case Enjoy Joint Counsel
Hanna v. State, 714 N.E.2d 1162 (Ind. Ct. App. 1999) IN: Underlying criminal case Student Contributor: Jeff Cain Facts: Six police officers were indicted in a criminal case. One officer was indicted...
View ArticleIN: Fraudulent concealment does not stop the clock on statute of limitations
Keesling v. Baker & Daniels, 571 N.E.2d 562 (Ind. Ct. App. 1991) IN: Underlying bankruptcy action Student Contributor: Jeff Cain Facts: Lawyers represented clients in a Chapter 11 bankruptcy case....
View ArticlePA: Post-Withdrawal Liability
Capital Care Corp. v. Hunt 847 A.2d 75 (2004) PA: Underlying legal malpractice and breach of fiduciary duty claims Student Contributor: Christina Tsirkas FACTS: Client contracted with a group of...
View ArticleNY: Client Barred from Raising Malpractice Claim Twice Because of Res Judicata
Montalbano, Condon, & Frank, PC v. Rodi, 54 A.D.3d 1012 (App. Div. 2d Dept. 2008) NY: Client subsequently barred from raising issues it failed to raise in first malpractice dispute. Student...
View ArticleNY: “Substantial Relationship” as the Test for a Conflict of Interest
Lightning Park, Inc. v. Wise Lerman & Katz, P.C., 197 A.D.2d 52 (1st Dep’t 1994). NY: Contract action; real estate development Student Contributor: Nicholas Tam Facts: Plaintiffs entered into a...
View ArticleNY: Conflict of Interest Waiver Not Sufficient to Support Summary Judgment
Roller v. Walsh, 278 A.D. 2d 811 (App. Div. 4th Dept. 2000) NY: Business Law; Conflicts in transaction Student Contributor: Adam Gardin Facts: Defendant represented and assisted plaintiffs in the...
View ArticleNJ: Beware Mortgages on Client Property to Secure fees
Petit-Clair v. Nelson, 782 A.2d 960 (N.J. Super. Ct. App. Div. 2001) NJ: Attorneys fees Student Contributor: Le-el D. Sinai Facts: The defendants in this case are business owners who hired the...
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