Batchelor v. Batchelor
Failure to raise objection to attorney conflict constituted waiver. Record is insufficient to prove that attorney should be disqualified for having information material to the matter.
Failure to raise objection to attorney conflict constituted waiver. Record is insufficient to prove that attorney should be disqualified for having information material to the matter.
Lawyer cannot withdraw until client has been given reasonable notice and opportunity to obtain substitute counsel. Here, two months was adequate advance notice.
Interviewing minor children without consent of the GAL violated prohibition from communicating with party known to be represented by counsel.
It is a conflict for law firm to represent wife in divorce where the firm represented husband in estate planning.
“Suit within a suit” not required for malpractice finding involving enforcement of prenuptial agreement. Plaintiff can recover from attorney even though they settled case.
Attorney committed malpractice by not invoking UCCJA registry for interstate judicial communication.
Sanctions may be imposed against attorney for not meeting the legal standards of reasonable inquiry of client’s representations.
The damages to plaintiff should have been calculated by comparing what she actually received from the stipulation with what a reasonable judge would have awarded her had she been properly represented.
No recovery from an attorney for malpractice in negotiating a settlement accepted by the litigant unless there is actual fraud on the part of the attorney.
Husband’s consultation with counsel, who subsequently represented wife in divorce action with husband, regarding distribution of homeowners’ insurance check was not reasonably probable to have provided confidential information to counsel that would have prejudiced husband in divorce action, and thus counsel was not disqualified from representing wife under rule governing counsel duties to former clients, although wife sought counsel fees in divorce action, where husband’s consultation did not bring up his financial circumstances as relevant in divorce action.
Client allowed to sue for malpractice even where she accepted a settlement.
Sanctions may be imposed against attorney for not meeting the legal standards of reasonable inquiry of client’s representations.
It was a conflict of interest for an attorney to represent his son in a paternity, custody and support proceeding.