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MALPRACTICE - legal; statute of limitations; termination of attorney-client relationship depends on affirmative act of attorney or client ending the relationship; determination of date of termination is not dependent on date court grants motion to withdraw; attorney letter or filing motion to withdraw are affirmative acts terminating attorney-client relationship.
Not long ago, I dropped a traveling coffee mug in my car as I was backing out of my garage. Reaching over quickly to limit the spillage, I backed into the garage door and broke the side-view mirror. Off. It was the most expensive cup of coffee I ever had. In a similar vein, when a new client appears in a law office, it's critical to start the representation on the road to success without spillage or breakage.
An attorney-client relationship did not exist by implication even though a client executed a power of attorney in favor of a law firm and allegedly agreed to forgo unilateral action in an investor suit in deference to the firm's settlement negotiations on behalf of other investors, the 1st Circuit has ruled. A company invested $4 million with an investment firm, which allegedly used the funds as part of a Ponzi scheme. When the investing company grew suspicious, it met with the investment firm's attorney. The attorney said the firm was also a victim of the fraudulent scheme and that the necessary steps were being taken to get the money back. He suggested that if the investing company filed suit, it would jeopardize negotiations to get the money back. The investing company then executed ...
An attorney-client relationship is not created just because a lawyer is paid a fee, a state appeals court said, reversing a St. Louis County judge's decision to disqualify a lawyer in a family court matter. Associate Circuit Judge Joseph S. Dueker in March barred the Clayton-based Schechter Law Firm from representing Diane Thompson in a modification proceeding because her ex-husband met with Jeffrey Schechter in September 2006. At the time, John C. Thompson was looking for a lawyer to represent him in his divorce, which was finalized in September 2007.
Attorney-client relationship terminated on date client filed legal malpractice action against attorney. One refiling rule of R.C. 2305.19(A) applies when first dismissal is by stipulation of the parties pursuant to Civ.R. 41(A)(1)(b).
Legal-malpractice claim Attorney-client relationship Party hiring counsel on behalf of a corporation must have authority to do so.
NEW HAVEN, Conn. -- Organizations representing thousands of attorneys are challenging the nation's tough new bankruptcy law, saying it illegally restricts the advice lawyers can give and makes it harder for clients to navigate the bankruptcy system. A lawsuit filed in U.S. District Court in Hartford on Thursday claims that the law treats attorneys the same as unlicensed document preparers or credit counseling firms, which are required under the new law to give specific advice -- including not to go deeper into debt.
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