Tag Archives: plaintiffs’ attorney
What Are the Elements of Attorney Fraud?
People often use the word “fraud” to describe a variety of actions, words, and activities that fall short of legally-recognized “fraud.” When considering a claim against a lawyer, a client (or former client) should be aware that “fraud” has a legal definition–and test–when applied to a lawyer’s conduct. LAWYERS CAN BE SUED FOR FRAUD,… Read More »
Damages in Attorney Malpractice Actions (Part 1)
Many plaintiffs wonder what kind of damages are available in legal malpractice actions. While knowing the available damages won’t help plaintiffs determine how much they will (or might) recover in any given case, an awareness of the available forms of damages can help injured plaintiffs understand the scope of a potential recovery. While this… Read More »
“Judgmental Immunity” in Legal Malpractice
WHAT IS THE JUDGMENTAL IMMUNITY DEFENSE ? The “judgmental immunity doctrine” protects attorneys from liability for legal malpractice in many cases involving unsettled points of law. Courts do not expect, or require, lawyers to predict how a court will settle or resolve an unsettled issue or point of law. As a result, if a lawyer makes… Read More »
Nuisances Prohibited–and Permitted–by Law
WHAT IS A “NUISANCE PER SE”? Sometimes, legislatures decide that certain kinds of activities or conditions represent an unreasonable interference with the use and enjoyment of property, and enact laws (called “nuisance statutes”) which establish that these situations are nuisances as a matter of law. HOW DOES “NUISANCE PER SE” IMPACT THE PLAINTIFF’S LAWSUIT?… Read More »
Are Property Owners Responsible for Sidewalks?
In many places, city-owned sidewalks run alongside residential and commercial properties. Although these sidewalks actually belong to the city (or county, or other governmental entity) which owns the land on which they sit, owners of adjacent private property may still have a duty relating to the sidewalk. PROPERTY OWNERS HAVE A DUTY NOT TO CREATE… Read More »
