January 2023

Case Law Update

by Joelle J. Vogel, Esq. Legal professionals do not have a duty to intervene if they become aware that a client may be suicidal. Andreasen v. Klein, Glasser, Park & Lowe, P.L., 342 So. 3d 732 (Fla. Dist. Ct. App. 2022). READ MORE Court agrees with application of the first-injury rule because the related bankruptcy case would not determine whether the defendant committed legal malpractice. Mikhaylov v. Bilzin Sumberg Baena Price & Axelrod LLP, 346 So. 3d 224 (Fla. Dist. Ct. App. 2022). READ MORE

Results*

Josh Byrne (Philadelphia) defeated a motion for emergency preliminary injunction in a legal malpractice claim in Dauphin County and succeeded in getting his client paid attorneys’ fees owed that were in excess of six figures. Josh Byrne (Philadelphia) achieved dismissal of a disciplinary complaint involving claims that an attorney did not communicate with a criminal client assigned to him by the court. Josh Byrne (Philadelphia) achieved dismissal of a disciplinary complaint involving claims that a former prosecutor was involved in attaining a wrongful conviction in a murder case. Josh Byrne (Philadelphia) achieved dismissal of a disciplinary complaint where an attorney was accused of not properly communicating with her client in an estate matter and violating Rule 1.15 with respect to estate funds. Jack Slimm and Jeremy Zacharias (Mount Laurel) were successful at trial in the New Jersey Superior Court on behalf of their client, a New York law firm. In this case, the plaintiff, after receiving legal invoices from our client, filed a legal malpractice complaint alleging fraudulent billing. At trial, the legal malpractice claims against our client were dismissed, leaving the fee claim we asserted in the counterclaim to be decided by the jury. The jury rendered a verdict in favor of our client for the full amount of the invoices owed to the Firm, $244,759.59. This victory is significant since, pursuant to the contract the plaintiff entered into with our client, the judgment on the counterclaim will total to approximately $500,000.00 in interest and attorneys’ fees. Jack Slimm and Jeremy Zacharias (Mount Laurel) were successful in obtaining a dismissal of an ethics grievance against their client, a matrimonial attorney. The ethics grievance alleged that money in the grievant’s trust account was improperly handled since the ledger cards were completed incorrectly. Upon interviewing our client, the ethics investigator determined that no ethical violation was present since the money at issue was fully accounted for in the Trust account, despite the allegations by the grievant. Edwin Schwartz (Harrisburg) obtained dismissal of Disciplinary Board complaints on matters alleging violations of RPC 1.3, 1.6, 1.7, 3.2 and 8.4. Ed also successfully defended a surcharge claim in Orphans Court. *Prior Results Do Not Guarantee a Similar Outcome

Thought Leadership

Josh Byrne (Philadelphia) co-authored “Settle and Sue Your Lawyer: The Muhammad Doctrine Under Fire,” which was published in the January 2023 issue of Pennsylvania Bar Association Quarterly. You can read the article here. Dana Gittleman’s (Philadelphia) article “Discovery Rule Still Rules in Legal Malpractice Actions” was published on January 12, 2023, by PLUS. You can read the article here. Josh Byrne (Philadelphia) has been appointed to the Board of Governors of the Philadelphia Bar Association. He will serve a three-year term, effective January 1, 2023. Byrne also co-chairs the Philadelphia Bar Association’s Professional Responsibility Committee. Josh Byrne’s (Philadelphia) article “What Is Worse Than Hiding Your Head in the Sand? A Few Examples” was published in The Legal Intelligencer on November 18, 2022. You can read the article here. Josh Byrne (Philadelphia) participated in PBI’s three-hour “Essential Ethics” program presenting on the disciplinary process in Pennsylvania. Jeremy Zacharias (Mount Laurel) was a panelist at the Rutgers’ School of Law’s Professionalism Seminar. This seminar is offered twice a year, and Jeremy is a recurring panelist. He discussed the defense of ethics grievances and the RPCs in the state of New Jersey. The audience included first year law students learning about the Rules of Professional Conduct, and the panel included a federal judge and an attorney from the Public Defender’s Office. Jeremy discussed the importance of the Rules of Professional Conduct in daily practice as well as applications of the Rules of Professional Conduct in practical examples.

Risk Management as a Critical Component of Your Law Practice

By Alesia S. Sulock, Esq. A critical aspect of the practice of law is managing risk. Attorneys routinely evaluate and advise clients of the risks associated with representation matters, but it is equally important for lawyers to manage their own risks arising from their practice. Risk management begins at the outset of the representation and should continue until the representation concludes. READ MORE

Treat Every Case Like It’s Your Model Case

By Edwin A.D. Schwartz, Esq. At the very beginning of our careers, we all had that first case that was ours. A case that wasn’t being supervised, micromanaged or handled by someone else, more than likely, a senior attorney with more “experience.” We approached the matter with zeal and energy to ensure that every “t” was crossed and “i” dotted because this was our case. Then, through the natural progression of practicing law, we gained experience and became more confident in our ability to decipher the intricacies of practicing law, addressing the needs of clients and navigating the litigation process. However, it is important to appreciate that with experience comes responsibility and a dedication to professionalism to ensure that we avoid the traps of complacency and familiarity. READ MORE

Marshall Dennehey www.marshalldennehey.com

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Legal Updates for Lawyers' Professional Liability, January 2023 has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved.