A pair of new and interesting twists in the ongoing story of lawyers resisting in-person appearances in Immigration Courts due to COVID-19 surfaced recently. First, an opinion was issued by the N.Y. State Bar Association Committee on Professional Ethics stating that an attorney could withdraw from a case if he/she had a fear of contracting
The Honorable Patricia K. Costello
Matrimonial Mayhem Fueled by Legal Malpractice?
A husband and wife become enmeshed in an acrimonious divorce. Nothing new there. Add in the following shocking allegation, just raised by the wife: her husband’s lawyer aided the husband in installing malware on her computer, capturing emails between the wife and her lawyer and some draft pleadings.
In a civil action for money damages, …
Four Takeaways from a Record Breaking Ethics Seminar
Every year, the New Jersey State Bar Association holds its Annual Meeting in Atlantic City. This year, for the first time ever, the Annual Meeting went virtual. Lawyers from CSG made history by participating in an ethics panel which drew the highest number of participants in the State Bar’s history.
Ronald Israel, Esq., Member, and
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Transparency in Fee Applications is a Must
A Washington, D.C. firm seeking fees resulting from a successful Freedom of Information Act application learned that transparency is a must, especially when seeking fees from the public fisc.
King and Spalding, LLP sought fees but attempted to file the application under seal, claiming that to reveal its rates, staffing strategies and detailed billing would…
Family Feuds Survive Decedents
The N.J. State Appellate Division just reinforced guidelines for lawyers seeking fees for work done in contested probate cases. Whether you represent the trustee, a beneficiary or challengers, if your hours are necessary and your rates are reasonable, you will be paid from the estate.
Decedent was young and had two minor children. He left …
Penn State: Child Sexual Assaults and Cover-Up Compounded by Attorney Ethics Violations
Basic rules: when you represent an organization, you must make it clear to employees who wish to retain you that there is a potential conflict of interest. Further, you cannot breach the attorney-client confidentiality by testifying before a grand jury about conversation had with your clients.
How could the General Counsel of Penn State, a…
I Knew Family Cases Last Forever, but This One Might Set a Record
An appellate court ruled last week that a legal malpractice case which has its roots in a 2003 family law case could not be dismissed based on the statute of limitations.
Plaintiff alleged her matrimonial attorney gave her bad advice – that her term alimony of nine years could be extended at the end of…
If You Are “Drafted” by the Court to Represent an Indigent, Should You be Afforded Tort Claims Act Protection?
The New Jersey Supreme Court will hear a case with interesting implications for lawyers in private firms who are conscripted to represent indigent litigants. The Office of the Public Defender, through the staff attorneys and assigned (“pool”) attorneys, provide indigent criminal defendants with representation. Legislation has expanded their arena to include parents who are targets…
Judges, the Perils of Social Media, and Lack of Candor
It’s estimated that almost 90% of the judges in the United States are elected. In New Jersey, they are not, with the exception of the County Surrogate, a quasi-judicial position with jurisdiction over Probate cases. Elected judges tend to be on social media more than non-elected judges, probably due to campaign demands.
The Passaic County…
A Cascade of Errors
Warning: the underlying facts and procedural history are cringeworthy. This is the saga of a medical malpractice case which is dismissed, leading to a legal malpractice case, which is wrongfully dismissed, leading to an Appellate Division case which exposes all the flawed decision-making.
Plaintiff died, allegedly of bedsore complications in a Jersey City nursing home in 2012. His daughter, as the representative of her father’s estate, retained defendant attorney to handle the medical malpractice case against the nursing home.
Defendant had never handled a medical malpractice case, but in preparation for this matter he read a book and researched the Affidavit of Merit (AOM) statute. Believing no AOM was necessary, defendant filed the complaint in 2013. He “initiated the action without conducting an investigation, a medical records review, or consulting with any experts before or after the complaint was filed.” (Opinion at 4). In April of 2014 the complaint was dismissed with prejudice for failing to file an AOM. Defendant then advised plaintiff she may have a cause of action against him for legal malpractice.
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