Dec 4 2017

Legal Malpractice Law Update 11/30/17

In this edition of the Legal Malpractice Law Update:

  • West Virginia: reaching settlement in the underlying claim does not deprive client of standing to assert legal malpractice claims;
  • New Jersey: statute of limitations and discovery; 
  • Louisiana: a client may trigger the running of the statute of limitations by acting on his own and out of compliance with his attorney's instructions;
  • Georgia: a client cannot survive an attorney’s motion for summary judgment in a legal malpractice action if he or she cannot prove that but for the attorney’s alleged failure to timely appeal, the client’s outcome would have been reversed on appeal;
  • Ohio: no third-party claim for legal malpractice without malice on the part of the defendant attorney;
  • Texas: an attorney-client relationship may be implied.

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