March 6, 2012
You May Sue
The New Jersey Supreme Court has held that a suit for legal malpractice was not barred under a prior decision of the court.
The prior decision "did not erect an absolute bar to a claim of malpractice if a former client enters into a settlement with regard to the underlying action before obtaining a decision with respect to the complained-of conduct of the attorney." Unlike the prior case, the malpractice claim against one of the two sued attorneys "arose out of [the attorney's] post-settlement actions."
The case related to representation of the client in connection with a divorce property settlement agreement. The former client sued the first attorney she had retained as well as the attorney who was retained to succeed him. The court found both attorneys were not entitled to summary judgment. (Mike Frisch)
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