Tag Archives: lawyers
Elements of a Malicious Prosecution Claim
WHAT IS MALICIOUS PROSECUTION? Malicious prosecution is a legal claim involving a wrongful lawsuit, which allows a wrongfully-sued defendant to bring an action and recover damages against a plaintiff who sued the defendant without proper cause. Malicious prosecutions occur for a variety of reasons, including a plaintiff’s desire for unjustified revenge, attempts to shut down… Read More »
What is the Judgmental Immunity Doctrine?
In certain malpractice or professional negligence cases, attorneys may claim “judgmental immunity.” If proven and applicable, the judgmental immunity doctrine may provide a defense to a plaintiff’s malpractice claims against the attorney. ELEMENTS OF THE JUDGMENTAL IMMUNITY DOCTRINE The “Judgmental Immunity Doctrine” states that: (a) Lawyers are not legally required, or expected, to… Read More »
The Attorney’s Duty to Communicate With Clients (Part 2)
Earlier this week, we took a look at the basic obligations attorneys face with regard to client communications in the context of legal representation. Today, we’ll continue that discussion with an in-depth look at what attorneys are required to disclose with regard to the attorney-client relationship. ATTORNEYS MUST INFORM CLIENTS OF ISSUES OR DEVELOPMENTS IMPACTING… Read More »
The Attorney’s Duty to Communicate With Clients (Part 1)
Attorneys Have a Basic Legal Duty to Communicate With Clients Attorneys have a legal duty to maintain “professionally adequate” communication with clients. Proper communication is a critical element of the competent practice of law, and failure to properly communicate with clients may represent a breach of the attorney’s legal duty. Attorneys also have a legal duty… Read More »
“Strict Liability” for Product Defects
What is Strict Liability? “Strict liability” is a legal theory which holds defendants liable for injuries and damage caused by defective products. The term “strict liability” relates to the fact that liability attaches based on proof that the product: (a) was defective and (b) caused the damage or injury. Unlike some legal theories, such as… Read More »
Landlord Liability for Commercial Rentals, Part 2
Earlier this week, we began a discussion about a landlord’s potential liability for hazardous conditions in commercial rentals. In that post, we took a look at the following important factors which impact the landlord’s duty (and also, in many cases, the liability of the tenant in control of the property): 1. The requirement that… Read More »
Dangerous Conditions on Public Lands
PRIVATE PLAINTIFFS GENERALLY CANNOT SUE GOVERNMENT ENTITIES Most government entities, including those which control public lands, are immune from liability. These governmental defendants be held liable for injuries which occur on the land they own or control only if a statute authorizes the lawsuit. The primary source of government liability for injuries occurring on… Read More »
