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A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi
A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi
Hofstra Law Review
The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Although lawyers have a personal interest in limiting liability, they also have a professional one in protecting clients from harm arising due to malpractice. But how can the legal profession curtail and manage malpractice liability while also providing relief to injured clients? Applying existing tort scholarship on no-fault alternative systems to professional legal services, this Article argues that no-fault may be a viable option in many common …
When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper
When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper
Hofstra Law Review
What consequences should befall the lawyer who fails to disclose a significant error to his client? In a previous article, I examined the lawyer’s ethical duty to report his own malpractice to his client, a topic that had previously received little attention from courts and commentators, and concluded that the duty is well-grounded in Rules 1.4 and 1.7. Therefore the lawyer who fails to disclose his error to his client is subject to discipline. This Article addresses the client's ability to state an independent claim against the lawyer for failing to disclose his own malpractice -- a topic that has …
The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill
The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill
Hofstra Law Review
Historically, lawyers have been immune from civil liability for statements related to litigation which may injure or offend an opposing party during the litigation process. This protection is referred to as the “litigation privilege,” which originated in medieval English jurisprudence and continues to be recognized in the United States today. The rationale supporting the litigation privilege is that the integrity of the adversary system outweighs any monetary interest of a party injured by her adversary. Remedies other than lawsuits are available to parties who feel they have been damaged “by malicious statements or conduct during litigation.” For instance, misconduct in …
The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich
The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich
Hofstra Law Review
No abstract provided.