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Full-Text Articles in Law
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Cleveland State Law Review
In almost all jurisdictions the statute of limitations for the malpractice of an attorney is between one and three years. Although some argue that this is too short a period, the main problem is not in the statute but in its application. Difficulty arises when a court must decide at what point the statute of limitations begins to run. To appreciate a court's problem, the nature and reasons behind statutes of limitations must be understood
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar
Cleveland State Law Review
When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Lawyers' Malpractice In Litigation, Nathaniel Rothstein
Cleveland State Law Review
Until recently, when we spoke of malpractice we invariably meant medical malpractice. Less than 20 years ago only a handful of lawyers carried professional liability (malpractice) insurance. This is no longer true. Attorneys who practice in large metropolitan areas are now keenly aware of the importance and necessity of having this insurance coverage; and in no segment of the legal profession is this more urgent than amongst trial lawyers-for much like surgeons in the medical field, trial lawyers are the most vulnerable in attorney-malpractice lawsuits.