Qualcom v. Boradcom Corp. is an important case. Duane Morris reports that it will set the standard for all electronic discovery in litigation. Once the standard is set, attorneys will be expected to heed and obey.
"The district court was particularly concerned with upholding the good faith standard necessitated by the discovery system and…
Electronic Discovery is with us, has been regulated, and there are now standards for its use in litigation. Attorneys for clients now have to advise on how to store, produce, resist demands, and comply with the appropriate rules.
Whenever there is general agreement upon a standard of practice, the question of deviation from that standard…
What does a client do when faced with an attorney fee demand? As is true with most things in life, a reflexive response is precisesly the wrong move. Many clients [and unfortunately many attorneys] advise or choose to arbitrate the fee dispute. Bravely, they go to the arbitration and argue piecemeal against the fee.
Let’s look…
It is rare to see a pro-se defendant in the rarified air of Federal District Court, even more rare for both sides to be pro-se. Here, in DANIEL KIRK and LINDA KIRK, v. JOSEPH M. HEPPT, ESQ.,
05 Civ. 9977 (RWS) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK January 16…
Here is the hypothetical: Plaintiff hires attorney A to prosecute an action against the State of New York, and does not timely file a notice of claim. There is still time within the statute of limitations to file a motion seeking leave to file a late notice of claim.
Plaintiff hires attorney B to sue…
Wrangles between lawyers is certainly no headline. Lawyers allowing venom to overpower reason similarly is no news. The case of Minchew, Santner & Brenner, LLP, and Jamie M. Minchew, v. John H. Somoza, Eleftherios Kravaris, Melito & Anderson, P.C., Westport Insurance Corporation and Louis Venezia, SUPREME COURT OF NEW YORK, RICHMOND COUNTY ,2008 NY…
The West Virginia Record reports this case in which plaintiff was terminated by his employer. Plaintiff’s claim is that he was fired for doing jury service. He retained defendant attorney, and the case was litigated in Federal District Court, where it was dismissed on summary judgment.
Plaintiff claims that the attorney did not depose supporting…
Here is our article from the New York Law Journal on Attorney Client Privilege and Legal Malpractice.
CEO Gregory Reyes was sentenced this week. Judge Charles Breyer told him that a false affidavit netted him 21 months rather than 15 months. Here’s the problem for Reyes: his attorney drafted the document, and admitted his own "poor drafting."
So, is this the rare occurrence when an attorney creates the situation in which his…
When does the statute of limitations start to run on a legal malpractice case in Pennsylvania. Hinshwaw reports on this issue.
"The Pennsylvania Superior Court held that the statute of limitations for a legal malpractice claim begins to run when the malpractice is committed and is only tolled until the plaintiff should reasonably have found…
