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November 2013 Archives

Corporate Counsel Conflict

What happens when an in-house tries to play both sides?

The Perils of In-House Counsel Simultaneously Representing Company and Employee

11/6/2013 by Jeff Lewis http://www.jdsupra.com/

Third Party Claims: When Worker's Compensation Just Doesn't Compensate

As most working individuals know, because of the laws in California when someone is hurt on the job their only recourse is typically through the Worker's Compensation system. There are benefits to this system, particularly the fact that it is 'no-fault' and even if the injury was due to the worker's own negligence they can still recover. However the "compensation" is limited in scope and many workers are left without an inadequate recovery for even serious injuries. If the injury was caused or contributed to by a third party who is not employed by the employer sometimes the injured party's recovery is not limited to workers compensation and the non-employee can be can be held responsible as well. This is called a 'third party claim.' The legislature and courts are continuing to make it more and more difficult to recover against third parties who cause or contribute to an accident, though, so it is important to consult with an attorney well-versed in the area.

The Case Within A Case: What is Legal Malpractice Really?

When an attorney fails in his or her duties, the client is often left in shock, without an idea of what to do next Whether the attorney failed to file a case or important document on time which lost the case, or they neglected some essential aspect of a contract or trust so that it does not reflect the intentions of the parties, it can feel like a disaster for the client. Sometimes they client is not fully apprised of reasons for the unfavorable outcome and sometime the attorney will fail to admit responsibility. When the reality sets in that the attorney has done something wrong, a client is typically very confused at the steps necessary to prove legal malpractice has occurred and obtain the justice they were originally entitled to. Ball and Bonholtzer can provide a unique opportunity to help because they have represented both attorneys and clients in legal malpractice disputes.

Missing A Critical Statute of LImitations

What happens when a family hires a law firm to sue a physician for medical malpractice only to have the law firm miss a critical filing deadline?

Attorney reaches settlement in Putnam malpractice case stemming from a missed deadline

November 18, 2013, By Kyla Asbury, http://wvrecord.com/

WINFIELD – An attorney who reached a settlement has been dismissed from a lawsuit against Armada, Rogers & Thompson for alleged legal malpractice.

Tax Schemes and Legal Malpractice

Will an attorney who created tax evasion strategies for his wealthy clients, also be liable for legal malpractice by providing to his clients a scheme that broke the law?

 

Federal court files injunction against Chicago attorneyProsecutors allege Gary J. Stern designed tax-fraud schemes

November 7, 2013, By Jared S. Hopkins, Chicago Tribune,http://www.chicagotribune.com/

Corporate Counsel Conflict

In double representation no disclosure, no waiver obtained lead to charges of malpractice, fraud and breach of fiduciary duty.

The Perils of In-House Counsel Simultaneously Representing Company and Employee

11/6/2013 by Jeff Lewis http://www.jdsupra.com/

Legal Malpractice Claim Could Reach $10 million

What happens to a client when an attorney says he's filed a claim and reached a settlement when in fact the case hasn't been filed and there hasn't been any settlement?

Client's lawsuit claims Fahy, former Bergen prosecutor, misled her about legal action

November  5, 2013: http://www.northjersey.com/news, by Kibret Markos and Stephanie Akin
A client of John "Jay" Fahy, a former Bergen County prosecutor, claims in a lawsuit he told her he had filed suit on her behalf in a workplace discrimination case and secured a $1.2-million settlement, but she found after Fahy committed suicide that none of that had occurred.
CARMINE GALASSO/STAFF PHOTOGRAPHER
Former Bergen County Prosecutor John J. Fahy in 2012.
Vivien Thorsen, a Morris County resident, claimed in the complaint Fahy also lied to her about having meetings with attorneys, conducting depositions and attending court dates that never took place. A Fahy family spokesman called the lawsuit "opportunistic" and "despicable." An attorney representing Thorsen's former employer said Thorsen's claim was "baseless, meritless and desperate." Fahy, also a former federal prosecutor and a prominent attorney who had made frequent TV appearances, stunned Bergen County's legal community when he shot himself to death with a handgun in July on a sidewalk along Route 17 south in East Rutherford, a short walk from his home. Thorsen said in her lawsuit filed Monday in Superior Court in Paterson that after Fahy's death, she contacted a managing partner in his law firm, Benjamin Choi, to ask for the settlement check. That's when she found out no one at the firm had filed a lawsuit on her behalf, there was no settlement and that Fahy had covered it all up with "lies, fabrications and misrepresentations," she claims in her lawsuit. The alleged coverup also caused the statutes of limitation to expire on Thorsen's claim, denying her the opportunity to ever seek compensation from her former employer, Thorsen said. The lawsuit quotes an expert evaluation that estimates compensatory and punitive damages to Thorsen could be close to $10 million. Thorsen's lawsuit said Fahy's suicide might have to do with her case. "Following all these misrepresentations and fabrications that Fahy told the plaintiff, and because he had for whatever reason covered up his malpractice of having blown the applicable statute of limitations for some as yet unexplained reason and perhaps because of them ,... Fahy took his own life," the lawsuit said. Thorsen's attorney, Ben Wasserman, said the totality of the evidence supports his client's claim against Fahy, but he declined to release documents because they are part of the evidence --  "These are not bogus allegations," he said. "We have vetted the evidence and pieced it all together."

- See more at: http://bit.ly/HxoJ9L

Lawyers Sued For Mismanaging A Contract

If a company misses an opportunity to collect money it was contractually owed, should that company sue it’s contract lawyers for malpractice?

New Jersey construction company files legal malpractice claim against suburban its Philadelphia law firm

October 29, 2013 9:12 AM, By Jon Campisi, http://pennrecord.com/

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