Legal Malpractice

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Legal Malpractice Law

Author : Vincent Johnson
Publisher : West Academic Publishing
ISBN 13 : 9781647082857
Total Pages : 720 pages
Book Rating : 4.0/5 (828 download)

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Book Synopsis Legal Malpractice Law by : Vincent Johnson

Download or read book Legal Malpractice Law written by Vincent Johnson and published by West Academic Publishing. This book was released on 2021-08-11 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Malpractice Law is a practical, problem-oriented text designed for use in elective courses on Legal Malpractice, Professional Liability, or Advanced Legal Ethics. It may also be used in required Professional Responsibility courses that want to focus more on malpractice liability than on lawyer discipline. Each chapter includes explanatory text that relies on recent cases, code provisions, statutes, and commentary. A small number of tightly edited principal cases offer insight into the current state of legal malpractice law. The problems, including many that are based on actual controversies, deal with liability concerns that practitioners encounter. The book examines claims brought by clients and non-clients. It also integrates malpractice prevention lessons. Relevant ethics rules are discussed.

Massachusetts Legal Ethics and Malpractice

Author : James S. Bolan
Publisher : Law Journal Press
ISBN 13 : 9781628812596
Total Pages : 0 pages
Book Rating : 4.8/5 (125 download)

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Book Synopsis Massachusetts Legal Ethics and Malpractice by : James S. Bolan

Download or read book Massachusetts Legal Ethics and Malpractice written by James S. Bolan and published by Law Journal Press. This book was released on 2016-12-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Navigate Massachusetts' system of attorney regulation with this newest practice deskbook from the publishers of Law Journal Press, the American Lawyer and the National Law Journal. The book contains practical advice from the authors regarding Massachusetts Bar Discipline and Legal Malpractice. This book is comprised of two main parts: Massachusetts Bar Discipline and Legal Malpractice. Part One, Bar Discipline, details the investigative process and the prosecutorial process. Topics addressed include: Board of Overseers, Response to the Complaint, Diversion Program, Formal Charges, Possible Dispositions, Formal Proceedings, Discovery, Prosecuting the Petition, Review and Appeal and Proceedings Before Court. Also addressed are issues involving temporary suspension, disability inactive status, disbarment by consent, convictions, commissioners, costs and restitution, reinstatement and clearance letters. Part Two addresses legal malpractice topics, including: Attorney-Client Relationship, Standard of Care and Proximate Cause, Damages, Expert Testimony, Other Claims (e.g., breach of contract, breach of fiduciary duty, negligent misrepresentation, fraud, interference with contractual relations), Defenses, and the Intersection Between Bar Discipline and Legal Malpractice. Keep current with the law and rules concerning lawyer liability and discipline in Massachusetts, as they continue to develop and change, and as ethics committees constantly issue new opinions and guidelines.* The book contains helpful appendix material: Massachusetts Rules of Professional Conduct; Restatement of the Law Governing Lawyers - Selected Citations; Ex Parte Communications - List of Selected Recent Cases, Rules, and Ethics Opinions in Massachusetts.

Florida Legal Malpractice Law

Author : Warren R. Trazenfeld
Publisher : Full Court Press
ISBN 13 : 9781949884197
Total Pages : pages
Book Rating : 4.8/5 (841 download)

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Book Synopsis Florida Legal Malpractice Law by : Warren R. Trazenfeld

Download or read book Florida Legal Malpractice Law written by Warren R. Trazenfeld and published by Full Court Press. This book was released on 2019-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preventing Legal Malpractice

Author : Jeffrey M. Smith
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Preventing Legal Malpractice by : Jeffrey M. Smith

Download or read book Preventing Legal Malpractice written by Jeffrey M. Smith and published by . This book was released on 1989 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Practical Guide to Preventing Legal Malpractice

Author : Duke Nordlinger Stern
Publisher : McGraw-Hill Companies
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Practical Guide to Preventing Legal Malpractice by : Duke Nordlinger Stern

Download or read book A Practical Guide to Preventing Legal Malpractice written by Duke Nordlinger Stern and published by McGraw-Hill Companies. This book was released on 1983 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How & When to Sue Your Lawyer

Author : Robert W. Schachner
Publisher : Square One Publishers, Inc.
ISBN 13 : 0757050433
Total Pages : 223 pages
Book Rating : 4.7/5 (57 download)

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Book Synopsis How & When to Sue Your Lawyer by : Robert W. Schachner

Download or read book How & When to Sue Your Lawyer written by Robert W. Schachner and published by Square One Publishers, Inc.. This book was released on 2012-06-26 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: When lawyers represent a client, they have a legal obligation to act professionally, responsibly, and ethically. Unfortunately, all too many lawyers do not live up to these standards. If you have been victimized by your attorney, How & When to Sue Your Lawyer is here to help. The book begins by explaining the American Bar Association’s categories of malpractice—substantive, administrative, client relations, and intentional wrongs. It next details the “model rules” of professional responsibilities established by both national and state bars, and then discusses the all-important differences between guidelines and actual laws set by legal precedent. Finally, if you feel that you have lost a case because of your counsel’s mismanagement, or if you have been taken advantage of financially or sexually by your attorney, this book explains the necessary steps you must take to establish a solid case, from developing the facts and gathering the hard evidence to proving the allegation.

When Lawyers Screw Up

Author : Herbert Kritzer
Publisher : University Press of Kansas
ISBN 13 : 0700625852
Total Pages : 248 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis When Lawyers Screw Up by : Herbert Kritzer

Download or read book When Lawyers Screw Up written by Herbert Kritzer and published by University Press of Kansas. This book was released on 2018-03-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors. A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm. When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.

Medical Malpractice: Understanding The Law, Managing The Risk

Author : Tan Siang-yong
Publisher : World Scientific Publishing Company
ISBN 13 : 9813106654
Total Pages : 364 pages
Book Rating : 4.8/5 (131 download)

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Book Synopsis Medical Malpractice: Understanding The Law, Managing The Risk by : Tan Siang-yong

Download or read book Medical Malpractice: Understanding The Law, Managing The Risk written by Tan Siang-yong and published by World Scientific Publishing Company. This book was released on 2006-01-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow.The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.

New Jersey Medical Malpractice Law 2020

Author : Jonathan H. Lomurro
Publisher : New Jersey Law Journal
ISBN 13 : 9781628816167
Total Pages : 1300 pages
Book Rating : 4.8/5 (161 download)

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Book Synopsis New Jersey Medical Malpractice Law 2020 by : Jonathan H. Lomurro

Download or read book New Jersey Medical Malpractice Law 2020 written by Jonathan H. Lomurro and published by New Jersey Law Journal. This book was released on 2019-06-28 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Jersey Medical Malpractice Law provides a comprehensive, reader-friendly guide for all medical malpractice practitioners. Discretely focused subheadings allow users to precisely pinpoint relevant discussions, and footnotes highlight helpful resources and explanations. The chapters address issues as they commonly arise through the litigation process--from considering the elements of a malpractice cause of action, through investigating and preparing a case, to managing trial issues. Chapters are organized to address the issues as they commonly arise for the practicing attorney through the litigation process, from evaluation of potential claims and consideration of the elements of a malpractice cause of action, through pretrial investigation and case preparation, and finally, to the trial. Footnotes provide helpful explanatory information and resources, and add to the ease of finding answers quickly. Descriptive and discretely focused subheadings allow the reader to pinpoint precisely the discussion most relevant to his or her concerns. Practice pointers appear at the end of each chapter to aid in navigating complex medical malpractice cases. Chapters 1 and 2 discuss the first essential component of medical malpractice causes of action, the breach of a health care provider's duty of care or failure to obtain informed consent. Chapter 3 addresses related but distinct causes of action such as assault and battery, fraud, breach of contract, medical records alteration or destruction and sexual misconduct. Chapters 4 and 5 discuss the second and third essential components of malpractice cases, causation, and damages. Chapter 4 has been revised to keep pace with the evolving complex case law governing proof of proximate causation in cases involving pre-existing injuries, delayed cancer diagnoses and avoidable consequences. Chapter 5 discusses damages claims in general, and those particular to malpractice and wrongful death causes of action. Chapters 6 through 9 deal with issues related to pretrial proceedings and trial of malpractice cases, including pre-suit investigation of such claims. Chapter 7 has been revised to discuss the rapidly changing case law regarding the affidavit of merit, pretrial discovery, and presents an extremely thorough discussion of expert testimony, particularly as it evolves through the implementation of the New Jersey Medical Care Access and Responsibility and Patients First Act. These chapters also examine the pleadings, defenses including the statute of limitations, voir dire and jury charges specific to malpractice cases. Finally, Chapter 10 provides a thorough discussion of the federal and New Jersey statutes and regulations regarding electronic medical records. ,

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Radiology and the Law

Author : Ronald Eisenberg
Publisher : Springer Science & Business Media
ISBN 13 : 9780387403090
Total Pages : 290 pages
Book Rating : 4.4/5 (3 download)

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Book Synopsis Radiology and the Law by : Ronald Eisenberg

Download or read book Radiology and the Law written by Ronald Eisenberg and published by Springer Science & Business Media. This book was released on 2004 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practically every radiologist would benefit from an all-encompassing guide to malpractice issues in radiology. Dr. Ronald Eisenberg, a highly respected author in the field, has put together a comprehensive reference to provide radiologists with an introduction to malpractice issues and a basic understanding of their relationships with government regulatory agencies and HMOs. This softcover book will detail the mechanics of a lawsuit, how radiologists can become the object of a malpractice action, and what they can do to minimize potential exposure.

Legal Malpractice

Author : Ronald E. Mallen
Publisher :
ISBN 13 :
Total Pages : 1100 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Malpractice by : Ronald E. Mallen

Download or read book Legal Malpractice written by Ronald E. Mallen and published by . This book was released on 1981 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Avoiding Medical Malpractice

Author : William Choctaw
Publisher : Springer Science & Business Media
ISBN 13 : 0387730648
Total Pages : 107 pages
Book Rating : 4.3/5 (877 download)

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Book Synopsis Avoiding Medical Malpractice by : William Choctaw

Download or read book Avoiding Medical Malpractice written by William Choctaw and published by Springer Science & Business Media. This book was released on 2008-03-26 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an MD/JD, this book offers a unique perspective on medical-legal issues surrounding daily clinical practice. It covers all the essentials and tells the inside secrets of how to avoid cases that cost the medical community millions each year. Readers will learn basic law and the ways laws are interpreted. In addition, the book focuses on the law-medicine-politics triangle and its effect on physicians, the impact of — and issues related to — diversity in medical malpractice, and other essential topics. Physicians who better understand malpractice laws are better clinical decision makers who feel more confident in their ability as doctors.

Profile of Legal Malpractice Claims

Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Profile of Legal Malpractice Claims by :

Download or read book Profile of Legal Malpractice Claims written by and published by . This book was released on 2008 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Malpractice Law

Author : Susan Saab Fortney
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Malpractice Law by : Susan Saab Fortney

Download or read book Legal Malpractice Law written by Susan Saab Fortney and published by West Academic Publishing. This book was released on 2008 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Malpractice Law is a practical, problem-oriented text designed for use in elective courses on Legal Malpractice, Professional Liability, Advanced Legal Ethics, or Advanced Torts, or in required Professional Responsibility classes that want to focus more on malpractice than on discipline. Each chapter includes explanatory text that relies on recent cases, code provisions, statutes, and commentary. A small number of tightly edited principal cases offer insight into the current state of legal malpractice law. The problems, including many that are based on actual controversies, deal with liability concerns that practitioners encounter. The book integrates malpractice prevention lessons. Relevant ethics rules are discussed. A comprehensive teacher's manual is available.

Texas Legal Malpractice and Lawyer Discipline 2015

Author : Charles F. Herring, Jr.
Publisher : Texas Lawyer
ISBN 13 : 9781576259368
Total Pages : 0 pages
Book Rating : 4.2/5 (593 download)

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Book Synopsis Texas Legal Malpractice and Lawyer Discipline 2015 by : Charles F. Herring, Jr.

Download or read book Texas Legal Malpractice and Lawyer Discipline 2015 written by Charles F. Herring, Jr. and published by Texas Lawyer. This book was released on 2015-06-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Texas case law governing legal malpractice continues to develop rapidly, and ethics committees constantly issue new opinions and guidelines. Texas Legal Malpractice & Lawyer Discipline is a practical and easy-to-use book that walks attorneys through the minefield of modern lawyering. It includes major developments over the past year, with explanatory commentary, practice tips, and helpful charts. New developments include: Coverage of the Nath decision where a "judge ordered Nath to pay monetary sanctions in the form of attorney's fees, totaling $1,421,107.16." This fourteenth edition contains the current law and rules concerning lawyer liability and discipline in Texas, as they have continued to develop and change. Here are a few of the highlights: Determining whether an attorney-client relationship exists also frequently results in a fact-intensive appellate inquiry-six cases on point. The anti-fracturing doctrine continues to receive substantial attention in the case law as courts attempt to distinguish between "legal malpractice" claims and separate, independent claims for breach of fiduciary duty, fraud, breach of contract. We continue to see many decisions addressing motions to disqualify counsel, often on mandamus review

Medical Malpractice Litigation

Author : Bernard S. Black
Publisher : Cato Institute
ISBN 13 : 194864780X
Total Pages : 337 pages
Book Rating : 4.9/5 (486 download)

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Book Synopsis Medical Malpractice Litigation by : Bernard S. Black

Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.