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.

Washington, Usage, Lawyers' fees, Dispute resolution (Law)

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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.

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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.

United States

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