This case is instructive on several levels. First, it is one of a coming wave of lgal malpractice cases against defense attorneys in civil litigation. Second, it demonstrates the NJ "net opinion" rule, in which an expert must give more than a "personal opinion." The expert must give a standard of care, and must reference stautues, cases and events in the case. CARBIS SALES, INC., d/b/a
CARBIS LADDERS, and SAFE STEP REINSURANCE, INC., Plaintiffs-Respondents v. ISRAEL N. EISENBERG, ESQ., and POST & SCHELL, P.C., formerly known as THE LAW OFFICES OF
STANLEY P. STAHL,
This opinion vindicates Prof. Bennet Wasserman, the expert. He also happens to be a practitioner in NJ legal malpractice cases. Finally, the case illustrates both how badly the defense attorney bungled the matter [a big product liability case which should have been won by defense ends in a $ 1 million verdict, and then afterwards, how badly the defense of the legal malpractice matter foundered. They were late in making motions, and late in asking for discovery.
"In this legal malpractice action, defendants Israel N. Eisenberg and his former law firm, Post & Schell, P.C., appeal from a final judgment awarding their former clients, plaintiffs Carbis Sales, Inc. (Carbis or plaintiff) and Safe Step Reinsurance, Inc. (Safe Step) $704,405.20 in damages. On appeal, defendants contend that the trial court erred in admitting the net opinion of plaintiffs’ expert and in refusing them discovery of a memo prepared by an investigator retained by plaintiffs. Plaintiffs cross-appeal, arguing that the trial court erred in denying them a new trial on damages or additur."