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Ethics
: Legal Ethics ForumLegal Ethics bits and pieces (October 22, 2010)
- Kachlon v. Dressler & Lavina LLP: unpublished California case. "Two attorneys in succession handled legal matters for plaintiffs. The attorneys were not affiliated with each other. Plaintiffs brought a legal malpractice action against the attorneys, alleging they breached their respective duties. The second attorney moved to compel arbitration pursuant to a clause in his retention agreement with plaintiffs. The trial court denied the motion on the ground that the first attorney was not party to the agreement, presumably because it was concerned about the danger of inconsistent rulings. We conclude the inarbitrability of plaintiffs' claims against the first attorney does not preclude arbitration of their claims against the second. Accordingly, we reverse."
- K.R. Exchange Services, Inc. v. Fuerst, Humphrey, Ittlememan, PL: a Florida case affirming dismissal of a legal malpractice claim because, among other things, the plaintiff lacked privity. This passage sets up the defect: "First, K.R.-Israel has failed to properly allege that it has standing to bring this action. Conceding that it is not in privity with FHI, K.R.-Israel contends that the complaint alleges that K.R.-Israel fits within a narrow exception to this requirement ? it is an intended third-party beneficiary of FHI's legal representation of K.R.-USA"
- Robinson v. U-Haul Co. of California: unpublished California decision once again trying to apply SLAPP to lawyer (i.e., a malicious prosecution claim). Do we have a comprehensive article on the use of anti-SLAPP for defending lawyers?
- Forbes: "Why businesses are fed up with their law firms"
- "Pakistani court orders review of judge appointment change."
- National Business Review (New Zealand): "Legal Services Bill Labelled Overkill"
- Business Day (South Africa): op-ed arguing that "Bill regulating lawyers is an affront to the rule of law"
Full post as published by Legal Ethics Forum on October 22, 2010 (boomark / email).
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