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General Legal Mapractice Issues

Whether to Arbitrate a Legal Malpractice case: caught between a litigation rock and an arbitration hard place…

March 17, 2019March 20, 2019 Howard AltschulerGeneral Legal Mapractice Issues

To arbitrate or litigate? Before you answer– “arbitrate of course, it is cheaper and faster”– consider that one article described arbitration clauses in attorney-client retainer agreements as a “license to exploit the client.”* Ouch… On the other hand, courts love […]

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May my negligent lawyer blame ME for his or her legal malpractice?

January 30, 2014May 23, 2019 Howard AltschulerGeneral Legal Mapractice Issues

The short answer to the question is a qualified yes (at least in some states). While clients are not liable for legal malpractice, there are circumstances where the client may have done something or failed to do something that contributed […]

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How do I know if I have a “good” legal malpractice case?

December 31, 2013May 9, 2019 Howard AltschulerGeneral Legal Mapractice Issues

“Do I have a good legal malpractice case?” I am often asked that question by potential clients in our first conversation. And while that question is perfectly reasonable, unfortunately, the answer is often more complicated than a simple yes or no. Part […]

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The most misunderstood part of a legal malpractice lawsuit: the “suit within a suit” a/k/a the “case within a case”

September 30, 2013April 10, 2019 Howard AltschulerGeneral Legal Mapractice Issues

Any time you hire a lawyer, there is at least the potential the lawyer will make a mistake. This is true whether the lawyer is representing you in a business transaction, a real estate matter, civil litigation, divorce, probate, or any […]

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Legal Malpractice litigation: some of what you need to know BEFORE you decide whether to sue your lawyer

July 31, 2013April 7, 2019 Howard AltschulerGeneral Legal Mapractice Issues

Update: This post was cited several times in a law review article that appeared in the Fordham Law Review, which includes other useful information about hurdles in filing a legal malpractice case. The article may be found online here.  Legal […]

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