Fine print matters; fee-agreement arbitration clause bars malpractice case in court
Article Abstract:
A controversial Michigan Supreme Court case upholding a contingent fee agreement with a provision requiring that arbitration resolve disputes for nonperformance due to breach of contract is discussed. One client who signed such an agreement did so without independent legal representation, this despite both Michgan and ABA rules requiring it.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2001
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Expanding the plaintiff pool; some nonclients are succeeding in malpractice claims against lawyers
Article Abstract:
Nonclients are starting to have some success in malpractice claims against lawyers. Some intended beneficiaries of wills and trusts have succeeded in malpractice claims against lawyers whose negligence led bequests to fail. Although most jurisdictions have not found lawyers liable to anyone except fiduciaries as clients, a few have found them liable by beneficiaries. Some jurisdictions have found lawyers liable for opinions given in informal situations.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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Beware the cocktail party client; casual legal advice dispensed without reflection can lead to malpractice claim
Article Abstract:
The article tells how casual legal advice given by an attorney, often in the context of a party, might prove a claim for legal malpractice. Anecdotal evidence suggests, in fact, that advice given informally may lead to more malpractice claims than that given after an engagement agreement has been signed.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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- Abstracts: Collecting cut-rate clients; discounts for legal advice are ok if people know what they're getting. The scarlet 'L;' a suspended or disbarred lawyer has a tough time getting any legal work
- Abstracts: Get to know prospective clients; background research can save you from representing clients who are not forthcoming
- Abstracts: Justice in job disputes; with mandatory arbitration ok'd, focus shifts to making sure it's fair. Endangered statutes; U.S. laws protecting crime victims, environment could fall
- Abstracts: Cultivate a cache of retirement funds; self-employed lawyers can choose from a variety of plans to nurture savings
- Abstracts: The National Bankruptcy Review Commission, in its recently released report, has proposed significant changes affecting single-asset real estate debtors