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 […]
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 […]
“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 […]
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 […]
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 […]