Georgia Legal Malpractice Law

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Georgia Legal Malpractice Law"

Transcription

1 Georgia Legal Malpractice Law Written by: J. Randolph Evans, Esq. Shari L. Klevens, Esq.

2 Except as noted on pages all content is the exclusive copyright of ALM Media Properties, LLC 2011 ALM Media Properties, LLC. All rights reserved. No part of this work may be reproduced or copied in any form or by any means graphic, electronic, or mechanical, including photocopying, recording, taping, or information and retrieval systems without prior written permission of the publisher. ISBN Printed in the United States of America Authors disclaimer: The materials contained herein represent the opinions and views of the authors and should not be construed to be the views or opinions of the law firm with whom such persons are in partnership with, associated with, or employed by. Nothing contained in this book shall be construed as the rendering of legal advice, either generally or in connection with any specific issue or case. Readers are responsible for obtaining legal advice from their own lawyer or other professional. This book and any forms and agreements contained herein are intended for educational and informational purposes only. ALM disclaimer: This publication is intended to provide lawyers with current and accurate information about local practices. The information in this book, however, may not be sufficient in dealing with a client s particular legal problem, and neither ALM Inc. nor its employees warrant or represent its suitability for such purpose. The information published in this book should not be relied upon as a substitute for independent research to original sources of authority. For additional information on any of the Daily Report books contact: ALM Media, LLC c/o Daily Report 190 Pryor Street, S.W., Atlanta, Ga Other titles from Daily Report Books: Library of Georgia Family Law Forms Library of Georgia Personal Injury Forms

3 Acknowledgment Georgia Legal Malpractice Law is the product of the collaborative efforts of many people over many years. If truly exhaustive, it would include law professors, mentors, and family members who have all contributed in varying degrees. Since it is the culmination of two earlier books, the proper beginning is with those who helped with The Practical Guide to Legal Malpractice Prevention and The Practical Guide to Purchasing Legal Malpractice Insurance. Larry Jones, director of the Georgia Institute of Continuing Legal Education, really is the person who started it all. From there, many others have helped. The partners, attorneys, and staff at Arnall Golden Gregory were instrumental in making both earlier books happen. This includes Jeffrey M. Smith, a recognized national scholar and author in the area of legal malpractice (now at Greenberg Traurig); Karen B. Bragman, a talented litigator and expert in her own right (still at Arnall Golden Gregory); and Charles T. Huddleston, a litigator and all-around good guy (now at Baker, Donelson, Bearman, Caldwell & Berkowitz). Of course, Anthony Morris (co-author of The Practical Guide to Purchasing Legal Malpractice Insurance with Author Randy Evans) was a major contributor to both earlier books. McKenna Long & Aldridge LLP has provided the same kind of support of this most current iteration of the books. No law firm likes to see valuable billable time diverted to non-billable books, but McKenna Long & Aldridge, and in particular, Tami Lyn Azorsky, chair of the litigation department of McKenna Long, has been completely supportive throughout the process. The most significant single contributor to the book is Alanna Clair, Esq., of McKenna Long & Aldridge. Her work has been tireless, thorough, and impressive. In many respects, she is a co-author to this current work. Other attorneys have also contributed to the book. They include McKenna, Long & Aldridge attorneys Michael Freed; Christopher Baker; Michelle Swiren; and Paul Hurdle; and former McKenna Acknowledgment iii

4 Long & Aldridge attorney Seth Kirby (now at Freeman Mathis & Gary, LLP). In addition, various professionals have helped including Octavia ( Del ) Smith; Vanessa Mussenden; Chelsea Titi; and Jill Cropper. Finally, the legal editor for the book was John Gelzer a talented young lawyer who made the book much better. There are many colleagues in the Bar who have read chapters, made helpful comments, and otherwise provided meaningful guidance. Many thanks to everyone who helped make this book a reality. J. Randolph Evans, Esq. Shari L. Klevens, Esq. iv Acknowledgment

5 Preface Georgia legal malpractice law has been a work in progress since Georgia s first reported legal malpractice decision in As the concepts of duty and causation evolved in other jurisdictions, Georgia courts worked hard to strike a careful balance in lawyer liability. Not surprisingly, the boundaries of lawyer liability have expanded and contracted over the past 162 years as appellate courts defined and redefined the law. In some respects, Georgia lawyers enjoy some of the most significant protections in the United States. In others, Georgia lawyers face some of the most significant risks. Some part of the schizophrenic nature of Georgia lawyer liability law stems from the mixed theories for recovery against lawyers under Georgia law. In Georgia, a legal malpractice claim can be a tort claim, a contract claim, or both. The blending of both contract and tort theories for the same recovery has created interesting challenges for the courts. For example, the trigger for the statute of limitations for a tort claim under Georgia law is the date that damage occurs. On the other hand, the trigger for a contract claims is the date of the breach. From a purely academic perspective, this predicament meant differing dates for the same claim. But, Georgia courts have consistently held that malpractice claims accrue on the same date regardless of whether the claim sounds in tort or contract. How? Georgia appellate courts solved the riddle by presuming damage on the date of the breach. But, this presumption created a different problem. If damage is presumed, can a claimant recover even if there is no actual damage? Georgia courts had also consistently held that a breach without damages (like speeding through a school zone without hitting anyone) was not actionable. When confronted with this issue, Georgia courts concluded that presumed damage (for purposes of the statute of limitations) is not actual damage for purposes of evaluating the causation requirement on a motion for summary judgment. Basically, not all damages are damages for purposes of legal malpractice law in Georgia. Preface v

6 There are other challenges unique to Georgia legal malpractice law. For example, the Georgia legislature adopted an affidavit requirement for the filing of a professional malpractice complaint. Since that time, the number of cases related to that requirement rival the number of malpractice cases resolved on the merits. Even without the nuances of Georgia law, legal malpractice law is complicated by things like the case within a case analysis. With the overlay of the unique characteristics of Georgia legal malpractice law, the Rule Against Perpetuities seems simple. Hence, the legal malpractice area was in need of a hornbook to address these complexities. In 1985, Larry Jones of the Georgia Institute of Continuing Legal Education ( ICLE ) suggested a compilation of existing legal malpractice law so that Georgia lawyers would at least have the cases and some analysis in one place. Author Randy Evans prepared such a compilation, and Dennis Cathey decided to include it as a regular topic at the Recent Developments in Georgia Law annual seminar. Year after year, every legal malpractice case was reviewed and included in updated materials for the Recent Developments seminar. Eventually, in 1993, the assimilated materials, along with some practice tips, became The Practical Guide to Legal Malpractice Prevention by J. Randolph Evans. The purpose of that book was quite simple to provide a resource for lawyers attempting to understand what the law was, and more importantly, how it applied to them. Eight editions later, by the time the book became available on Amazon.com, it also had become a revered and much-used reference for courts and lawyers in an assortment of lawyers law cases. In 1995, lawyers became increasingly interested in not just legal malpractice risks and law, but also legal malpractice insurance. This lead to The Practical Guide to Purchasing Legal Malpractice Insurance by J. Randolph Evans and Anthony Morris. Over time, there were five editions of that book. In recent years, it has become clear that Georgia lawyers need more. Effective malpractice prevention involves much more than just malpractice law and professional liability insurance. Indeed, lawyers have become interested in the risks of social media, effective computer based docket control, management, and effective law firm structures and those were just the beginning. The result is this new book Georgia Legal Malpractice Law addressing both the fabric of Georgia legal malpractice law with a vi Preface

7 focus on the cases and issues confronting the new millennium lawyer, including effective claim prevention and loss avoidance. Hence, this book is divided into three parts: Part One: Legal Malpractice Law And Defenses Part Two: Legal Malpractice Prevention Part Three: Insurance and Loss Avoidance When Ed Bean, Editor in Chief of the Daily Report, heard about the book, he expressed an interest in making it a part of the ALM, Inc. collection of books for lawyers. In so doing, it could be a readily available book for all Georgia lawyers. This partnership to provide something helpful to Georgia lawyers made good sense. There was another more important part, however. From the first compilation to the Practical Guide to Legal Malpractice Prevention to Georgia Legal Malpractice Law, the materials have always been focused on being helpful, not on making money. Consistent with that guiding principle, all royalties from Georgia Legal Malpractice Law will go to a scholarship fund at the University of Georgia Law School to help 2nd and 3rd year students facing hardships based on family obligations. Of course, it should go without saying that this book is no substitute for legal advice by someone with expertise in the area of Georgia legal malpractice law. Instead, this is intended only as a summary of the law, not actual legal advice. Anyone needing legal advice should hire a lawyer even if she or he is a lawyer. Unfortunately, the threat of legal malpractice has become a part of the modern law practice. Yet, there are answers to many of the questions lawyers and courts have about Georgia legal malpractice law. This book is just a start hopefully a good start but a start nonetheless. From here, the complicated Georgia legal malpractice law should be just a little less intimidating and the path toward effective claim prevention and loss avoidance a little more clear. J. Randolph Evans, Esq. Shari L. Klevens, Esq. Preface vii

8 About the Authors J. Randolph Evans is the chair of the Financial Institutions practice at McKenna Long & Aldridge. He handles high profile, complex litigation matters in Georgia and federal courts for some of the largest companies in the world. He is a frequent lecturer and prolific author on the subjects of professional liability and ethics, government ethics and politics. He is the author of two books, The Practical Guide to Legal Malpractice Prevention (Eighth Ed. 2000), a predecessor to this wholly revised volume, and The Practical Guide to Purchasing Legal Malpractice Insurance (Third Ed. 1999). Randy negotiates speaking, broadcast and literary contracts including three New York Times best-sellers for political clients. He also advises clients on corporate governance issues. He is a magna cum laude graduate of the University of Georgia School of Law. Shari Klevens is a partner at the law firm of McKenna Long & Aldridge. She represents lawyers and law firms in the defense of legal malpractice claims and advises and counsels lawyers concerning claims for malpractice, ethical violations, and breaches of duty. Shari is the practice group leader for the firm s Law Firm Defense and Counseling Practice and is a frequent writer and lecturer on issues related to legal malpractice. Shari also litigates complex commercial cases in state and federal courts across the country. She is a graduate of the George Washington University Law School. viii About the Authors

9 Summary of Contents Part One: Legal Malpractice Law and Defenses Chapter 1: Legal Elements of a Claim... 3 Chapter 2: Additional Requirements for a Malpractice Claim Chapter 3: Liability for or in Conjunction with the Conduct of Others Chapter 4: Defenses to Legal Malpractice Claims Part Two: Legal Malpractice Prevention Chapter 5: Structuring a Law Firm Under Georgia Law Chapter 6: Internal Audit Chapter 7: Identifying and Resolving Conflicts of Interest Chapter 8: and Attorney Marketing: New Issues in the Practice of Law in the 21st Century Chapter 9: Jury Selection and Persuasion: Ethics for the Trial Practitioner Chapter 10: Sanctions Part Three: Insurance and Loss Avoidance Chapter 11: Purchasing Legal Malpractice Insurance Chapter 12: The Tripartite Relationship Chapter 13: Handing a Claim: Four Steps for Attorneys who Discover an Error or Receive a Legal Malpractice Claim APPENDIX: Internal Audit Forms Table of Cases Index Summary of Contents ix

10 Table of Contents Acknowledgment... iii Preface... v ABOUT THE AUTHORS... viii SUMMARY OF CONTENTS... ix Part One: Legal Malpractice Law and Defenses Chapter 1: Legal Elements of a Claim... 3 I. DUTY... 4 A. Who is the Client? Express Attorney-Client Relationship Implied Attorney-Client Relationship Duty to Non-Clients... 9 a. Third Party Beneficiaries b. Foreseeable Reliance c. Voluntary Agency d. Use of Disclaimers II. BREACH A. Standard of Care B. Factors Establishing Breach Failing to Properly Advise Clients Adverse Results Undertaking to Accomplish a Specific Result Ethical Rules Use of Expert Testimony III. PROXIMATE CAUSE A. Client Would Have Prevailed, Absent the Alleged Malpractice B. Collectibility of Underlying Judgment C. Viability of Underlying Action D. Negligence in Appeals E. Criminal Representations IV. DAMAGES A. Damages Cannot be Speculative B. Expenses of Litigation C. Loss of Settlement Position D. Punitive Damages Grounds for Punitive Damages in Malpractice Actions x Table of Contents

11 2. Punitive Damages From the Underlying Action Chapter 2: Additional Requirements for a Malpractice Claim I. AFFIDAVIT REQUIREMENT UNDER O.C.G.A A. When is an Affidavit Necessary? What is Professional Negligence? Other Claims Against Attorneys and Law Firms a. Intentional Conduct b. Fraud c. Contract Actions d. Multiple Claims Type of Plaintiff a. Professional as Plaintiff b. Pro Se Plaintiff Counterclaims and Third Party Claims Clear and Palpable Negligence B. What Should the Affidavit Say? C. What Makes a Qualified Expert? D. Timing and Authenticity of Affidavit Timing of the Affidavit and the Statute of Limitations Curing Deficiency or Amending Complaint Oath and Authenticity E. Effect of a Motion to Dismiss F. Waiver G. 9.1 Affidavits as a Basis for an Independent Malpractice Action II. OTHER uses of expert evidence in malpractice cases A. Expert Evidence at Summary Judgment B. Other Requirements for Expert Testimony III. statutes of limitations A. Statute of Limitations for Actions Sounding in Contract What Constitutes a Written or Oral Contract Between an Attorney and Client? The Impact of Newell Recycling B. Statute of Limitations for Actions Sounding in Tort Malpractice Actions That Allege Tortious Injury Pure Tort Actions Against Attorneys C. When Does a Malpractice Action Accrue? Failure to Correct an Act of Malpractice The Springing Statute of Limitations D. Tolling the Statute of Limitations Table of Contents xi

12 1. Fraud a. Acts of Fraud Must Be Distinct From Acts of Malpractice b. Significance of the Attorney-Client Relationship c. Discovery of Fraud Client s Mental Incapacity Tolling Agreements IV. waiver of privilege V. ATTACKING the underlying claim not necessary as prerequisite to malpractice action VI. MALPRACTICE cases based on attorney s settlement authority VII. fiduciary duty Chapter 3: Liability for or in Conjunction With the Conduct of Others I. agency law generally II. vicarious liability in law firm partnerships A. Liability of Individual Partners for Her or His Own Acts B. Liability of Partnership for Acts of Individual Partners C. Liability of Individual Partners (and Exposure of Their Personal Assets) for Acts of the Partnership or Other Individual Partners Liability of General Partners Liability of Limited Partners and Limited Liability Partners III. VICARIOUS liability in attorney-client relationship A. Client Liability for Actions of Attorney B. Attorney Liability for the Actions of a Client IV. ATTORNEY liability for assisting clients with wrongful conduct A. Liability for Abusive Litigation B. Tortious Interference C. Conspiracy D. Negligence V. VICARIOUS liability in relationships between insurance representatives and the attorneys that they hire A. Liability of Attorney for Actions of Insurance Representative/ Adjuster B. Liability of Insurance Company for Actions of Attorney Representative xii Table of Contents

13 Chapter 4: Defenses to Legal Malpractice Claims I. general defenses A. Duty B. Breach Failure to Prove Breach Judgmental Immunity Settled Law O.C.G.A Affidavit C. Causation Events That Break the Causal Chain Between Breach and Damages a. The Client s Duty To Read b. Withdrawal or Substitution of Counsel As a Basis for a Malpractice Claim Contributory Negligence D. Damages II. affirmative defenses A. Collateral Estoppel, Res Judicata, and Judicial Estoppel Collateral Estoppel Res Judicata Judicial Estoppel B. Release C. Waiver D. Statute of Limitations Part Two: Legal Malpractice Prevention Chapter 5: Structuring a Law Firm Under Georgia Law I. General partnerships II. professional associations III. limited liability partnerships A. Executing a Written Partnership Agreement That Complies With Georgia Statute B. Defining a Partnership as a Limited Liability Partnership C. Ensuring That the Individual Assets Belonging to Each Partner are Protected IV. additional issues common to all structures A. Identify What Happens When a Partner or Equity Holder Leaves the Firm B. Periodically Re-Review the Partnership Agreement or Articles of Incorporation Table of Contents xiii

14 Chapter 6: Internal Audit I. pre-file opening A. Identify the Client B. Conflicts of Interest C. The Attorney s Expertise D. Fee Arrangement E. Anticipating Withdrawal F. Creating an Attorney-Client Relationship II. file opening A. Engagement Letters and Fee Contracts What Should be Included in the Engagement Letter or Fee Contract? Should Attorneys Use an Engagement Letter or a Retainer Letter? B. File Opening Memos III. representation of the client A. The Obligations of a Georgia Attorney B. Areas in Which Attorneys are Particularly Susceptible to Legal Malpractice Claims C. Calendar Control Systems D. Communication E. Financial Controls F. Billing Procedures IV. file closing Chapter 7: Identifying & Resolving Conflicts of Interest I. overview of conflicts of interest II. the intersection of ethics and malpractice III. multiple representation A. Multiple Representation in General B. Application of Rule 1.7 in Georgia Will the Representation Adversely Affect Another Client? Is the Conflict Waivable? Has the Attorney Fully Advised the Clients of the Risks Related to the Conflict? Has the Client Adequately Consented to the Representation? C. Disqualification Due to Multiple Representation D. Imputed Disqualification IV. SUCCESSIVE representation: the former client rule V. intermediary representation VI. prohibited transactions xiv Table of Contents

15 VII. CONFLICTS issues unique to specific representations A. Issues Unique to Corporate Representations B. Issues Unique to Criminal Representations C. Issues Unique to Internal Investigations Chapter 8: & Attorney Marketing: New Issues in the Practice of Law in the 21 st Century I. and malpractice A. Using as a Calendar Reminder System B. Lack of a Systematic Approach to Handling s How Attorneys Can Determine if an Problem Exists a. Subject Surfing b. Attachment Deferral c. Skimming d. Billing Addressing an Problem a. Electronic Cut-Off for Old s b. Electronic Cut-Off for Too Many s C. Correcting an Problem The Risk That s Will be Forwarded to Unintended Recipients The Risk of an Unintended Recipient One Solution: Disclaimers II. social networking and malpractice A. Risk of Implied Attorney-Client Relationship B. Risk of Unauthorized Practice of Law C. Solution Chapter 9: Jury Selection and Persuasion: Ethics for the Trial Practitioner I. The rules A. Trial Conduct B. Disclosing Adverse Authority & the Duty of Candor C. Degrading the Court D. Perjury by the Client E. Lawyer as Witness F. Contact with Witnesses G. Communications with Jurors and Officials Jurors Officials H. Trial Publicity Table of Contents xv

16 II. JUDICIAL decisions governing attorney trial conduct A. Opening Statement B. Questions From the Jury C. Closing Statement D. Conflicts Between the Court and Trial Counsel Chapter 10: Sanctions I. discovery sanctions II. attorneys fees and expenses A. Mandatory Liability B. Discretionary Liability C. Actions Under O.C.G.A D. Defenses III. abusive litigation IV. contempt A. Courts Inherent Power B. Contempt Part Three: Insurance and Loss Avoidance Chapter 11: Purchasing Legal Malpractice Insurance I. FACTORS to consider when choosing an insurance provider A. Factors to Analyze in Choosing a Carrier B. Look at the Insurance Industry Rating of the Carrier II. coverage provisions A. The Insuring Agreement B. Scope of Coverage, Generally C. Prior Acts Coverage D. Prior Law Firm Claims Coverage E. Personal Injury Liability F. Innocent Insured Coverage G. Retroactive Date H. Inception Date I. Expiration Date J. Benefitting From Coverage III. who is insured? A. Definition of Insured and Predecessor Firms B. Changes or Additions to Named Insured IV. limits and deductibles A. Limits B. Deductible and Self-Insured Retentions xvi Table of Contents

17 C. Defense of Disciplinary Proceedings D. Defendant s Reimbursement E. Defense Costs and Claim Expenses Within Policy Limits F. What are Endorsements? V. exclusions A. Bodily Injury/Property Damage Exclusion B. Securities Exclusion C. Financial Institution Exclusion D. Workers Compensation Claims Exclusion E. Contractual Exclusion F. Dishonest, Fraudulent, Malicious or Criminal Acts Exclusion G. Personal Profit Exclusion H. Insured vs. Insured Exclusion I. Business Enterprise Other Than Named Insured Exclusion J. Business Enterprise Owned by Attorney or Spouse Exclusion VI. extended reporting periods A. Claims-Made Policies B. Extended Reporting Periods (ERP) Available C. Mini-Tail Availability VII. defense and settlement A. Duty to Defend B. Insured s Consent to Settlement C. Insurer s Consent to Settlement D. Arbitration of Claims E. Subrogation viii. terms and conditions A. Notice B. Territory C. Other Insurance D. Assignment of the Policy to a Third Party E. Cancellation F. Legal Action Limitation ix. EXPOSURE or non-coverage as a result of the insurance application process A. Rescission of Policy for Misrepresentation in Application B. Policy Exclusions for Acts Arising Out Of Excluded Claims Chapter 12: The Tripartite Relationship I. rules of professional conduct II. who is the client? Table of Contents xvii

18 III. COMPLICATIONS arising from the retention of panel or cumis counsel IV. DOES a reservation of rights letter create a conflict? V. CONFLICTS arising from the attorney-client privilege VI. WHO owns the claim against the attorney in the tripartite relationship: the insured or the insurer? A. Georgia Law is Unsettled as to Whether an Insurer has Standing to Sue Defense Counsel for Legal Malpractice B. If an Insurer Does Have Standing to Sue Defense Counsel Directly for Malpractice, Can Both the Insured and the Insurer Bring a Claim? Chapter 13: Handing a Claim: Four Steps for Attorneys Who Discover an Error or Receive a Legal Malpractice Claim I. NOTIFY the client of the error, without admitting liability A. Admitting Liability May Give Support to an Otherwise Weak Malpractice Claim B. Admitting Liability May Lead to a Lack of Insurance Coverage C. Denying Responsibility When Claims are Asserted May Lead to Liability II. IDENTIFY legal malpractice carrier to the client III. ADVISE the client to obtain independent counsel A. Continuing the Representation of the Original Matter B. Advising the Client to Obtain Separate Counsel While Remaining Involved as Co-Counsel C. Withdrawing From the Matter Entirely IV. NOTIFY malpractice insurance carrier without delay APPENDIX Table of Cases Index xviii Table of Contents

19 PART ONE: Legal Malpractice Law and Defenses

20

21 Chapter 1 Legal Elements of a Claim Legal malpractice law is booming. Every year, more Georgia lawyers face malpractice claims or grievances filed with the State Bar. Indeed, in 2010 in Georgia, the Office of General Counsel received 2,059 grievance forms for screening and further consideration. 1 Of those, 284 contained allegations which, if true, would constitute violations of Georgia s Rules of Professional Conduct. 2 Meanwhile, it is becoming more expensive for attorneys to defend against malpractice claims. Indeed, claims resulting in indemnity payments in excess of $2 million have increased in recent years to an unprecedented degree. 3 Thus, it is critical that practitioners develop an understanding of the basic elements of a legal malpractice cause of action. Although a legal malpractice action may sound in tort or contract, the requisite elements of this claim closely track the elements of a simple negligence claim. Specifically, in Tante v. Herring, the Georgia Supreme Court reiterated the following three elements of an action for a legal malpractice claim: (1) the employment of an attorney; (2) failure of the attorney to exercise ordinary care, skill and diligence; and (3) damages proximately caused by that failure. 4 The first element corresponds with the existence of a duty of care to the plaintiff and Report of the Office of the General Counsel, State Bar of Georgia Board of Governors, available at: www. gabar.org/public/pdf/ogc/ogc_report_10_11.pdf ABA Standing Comm. on Lawyers Prof l Liability, Profile of Legal Malpractice Claims (Sept. 2008) S.E.2d 686, 687 (Ga. 1994). See also Fortson v. Hotard, 684 S.E.2d 18, 20 (Ga. Ct. App. 2009); Gilbert v. Montlick & Assocs., P.C., 546 S.E.2d 895, 901 (Ga. Ct. App. 2001); Chaney v. Blackstone, 547 S.E.2d 340, 341 (Ga. Ct. App. 2001); Tunsil v. Jackson, 546 S.E.2d 875, 877 (Ga. Ct. App. 2001); Allen Decorating, Inc. v. Oxendine, 483 S.E.2d 298, 301 (Ga. Ct. App. 1997); Perry v. Ossick, 467 S.E.2d 604, (Ga. Ct. App. 1996); Huntington v. Fishman, 441 S.E.2d 444, 446 (Ga. Ct. App. 1994); Guillebeau v. Jenkins, 355 S.E.2d 453, 456 (Ga. Ct. App. 1987); Rogers v. Norvell, 330 S.E.2d 392, 396 (Ga. Ct. App. 1985). Chapter 1: Legal Elements of a Claim 3

22 PART ONE: Legal Malpractice Law and Defenses the second element requires a breach of that duty. The third element comprises the elements of proximate cause and damages. I. DUTY An attorney is not necessarily liable for every harm her or his negligence causes to a potential plaintiff. Instead, an attorney s liability is limited to the class of people to whom the attorney owes a duty to exercise ordinary care, skill, and diligence in the performance of professional services. Typically, an attorney owes a duty only to her or his clients. Indeed, the law is clear that to make out a case of legal malpractice, a lawyer-client relationship must exist between the plaintiff and the defendant attorney. 5 This proof is essential in establishing the element of duty that is necessary to every lawsuit based upon a theory of negligence. 6 However, as discussed herein, there are additional circumstances that give rise to an implied attorney-client relationship or which support a duty to a non-client third party. A. Who is the Client? Given the contract-based origins of legal malpractice, it seems axiomatic that an attorney owes to a client the duty to competently perform the services which the attorney bargained to perform on the client s behalf. However, as the case law in Georgia demonstrates, to say that an attorney owes a duty to clients raises the question of who qualifies as a client. In Georgia, there are essentially three ways in which a plaintiff can demonstrate the existence of an attorney-client relationship that would sustain a legal malpractice claim. First, if an at tor ney acknowledges having been retained by or serving as counsel for the plaintiff, then it is indisputable that an attorney-client relationship exists. This is an express attorney-client relationship. Such an acknowledgment can be evidenced by the existence of an engagement letter, a fee con tract, or other correspondence in which the attorney acknowledges that he or she represents or that he or she is counsel to the plaintiff. Second, if the attorney acts in a way that causes a plaintiff to reasonably believe that the attorney is repre senting the interests of the plaintiff, then the plaintiff can prove an implied attorney-client rela tionship sufficient to sustain a legal malpractice action. 5. Crane v. Albertelli, 592 S.E.2d 684, 685 (Ga. Ct. App. 2003). 6. Guillebeau v. Jenkins, 355 S.E.2d 453, 457 (Ga. Ct. App. 1987) (internal citations omitted). 4 Chapter 1: Legal Elements of a Claim

23 DUTY Third, Georgia courts have found that professionals owe a duty to those persons whom the professional is actually aware will rely upon the professional in the trans action, even non-clients Express Attorney-Client Relationship The existence of an attorney-client relationship is the threshold question in a legal malpractice case. 8 An express relationship, however, is the easiest to identify and is rarely contested or litigated. 9 In such a representation, the attorney-client relationship is generally expressed by written contract. 10 An express attorney-client relationship is personal and not vicarious. 11 Additionally, an attorney in an express privileged relationship with a client may not relieve by contract the duty to exercise reasonable care; indeed, any attempt to do so is void as against public policy Implied Attorney-Client Relationship Though an attorney-client relationship generally is a matter of express contract, it may be implied from the conduct of the parties. The employment of an attorney is sufficiently established when it is shown that the advice or assistance of the attorney is sought and received in matters pertinent to his profession. 13 Following the general rule that contracts are formed according to the objective manifestation of mutual intent, an attorney-client relationship cannot be created unilaterally by the client. 14 However, an attorney-client relationship 7. Badische Corp. v. Caylor, 356 S.E.2d 198 (Ga. 1987). 8. Mays v. Askin, 585 S.E.2d 735 (Ga. Ct. App. 2003). 9. Indeed, the existence of an attorney-client relationship is infrequently litigated because the parties typically recognize it when they have agreed to an express relationship. One of the only contexts in which the express relationship is litigated, therefore, is in determining who the real party in interest is after a bankruptcy. See, e.g., Thornton v. Mankovitch, 626 S.E.2d 189 (Ga. Ct. App. 2006) (when a bankruptcy trustee settles an estate during an involuntary Chapter 7 bankruptcy proceeding, the corporation becomes defunct and thus lacks standing to sue, leaving the bankruptcy trustee as the real party in interest); Gingold v. Allen, 613 S.E.2d 173 (Ga. Ct. App. 2005) (determining that when a cause of action for legal malpractice arises prior to the litigation of a bankruptcy case, the bankruptcy trustee is the real party in interest to prosecute the case because the interest in the property belongs to the bankruptcy estate). 10. Huddleston v. State, 376 S.E.2d 683 (Ga. 1989). 11. Crane v. Albertelli, 592 S.E.2d 684, 685 (Ga. Ct. App. 2003). 12. Little v. Middleton, 401 S.E.2d 751, 754 (Ga. Ct. App. 1991). 13. Cleveland Campers, Inc. v. R. Thad McCormack, P.C., 635 S.E.2d 274, 276 (Ga. Ct. App. 2006) (internal citations omitted). 14. Guillebeau v. Jenkins, 355 S.E.2d 453, 458 (Ga. Ct. App. 1987). Chapter 1: Legal Elements of a Claim 5

24 PART ONE: Legal Malpractice Law and Defenses will be implied where the client has a reasonable belief, induced by the attorney s representations or conduct, that the client was being represented by the attorney. 15 Thus, in determining whether an attorney-client relationship has been created by implication, there are a number of factors to consider. While the payment of a fee from client to attorney is a factor to be considered in determining whether an implied attorney-client relationship exists, it is not dispositive. 16 Other factors include the request for and receipt of legal advice, the sophistication of the client, any history of representation between the parties, and the involvement of another attorney advising the alleged client (such as in a closing). Because a written contract is often evidence of an express attorneyclient relationship, the existence of any quasi-contractual documents between attorney and client may weigh in favor of an implied attorney-client relationship. Indeed, in Peters v. Hyatt Legal Services, the plaintiff-husband, Mr. Peters, consulted with an attorney at Hyatt regarding a divorce agreement proposed by his wife. 17 Specifically, the plaintiff discussed with the attorneys the terms on which he would agree to a divorce and signed a document entitled fee statement. The fee statement provided that when half the total fees were paid, Hyatt would complete preparation of the pleadings. The fee statement further stated that your signature allows us to represent you after payment is made. 18 The plaintiff paid half of the fee and was subsequently called out of the country on military duty. While the plaintiff was out of the country, his wife hired the same Hyatt attorney who then filed for, and obtained, a divorce on the wife s behalf. Upon discovering this, plaintiff brought an action for legal malpractice and moved for partial summary judgment on the issue of liability. The Court of Appeals found that there was an issue of fact as to whether Hyatt represented the plaintiff. Specifically, the court found the fee statement unclear in whether the representation began at payment of half of the fee or all of the fee. 19 A chief factor in determining whether an attorney-client relationship is implied is whether the client requested and then received legal at S.E.2d 222, (Ga. Ct. App. 1993). 18. at at Chapter 1: Legal Elements of a Claim

25 DUTY advice. 20 In Huddleston v. State, a criminal defendant argued that the prosecutor should have been disqualified based upon the defendant s prior consultation with the prosecutor while he was in private practice. 21 Specifically, the defendant contacted the prosecutor regarding her potential divorce from the victim, but received only general information regarding the nature of contested and uncontested divorces and the fee that would be charged; there was no specific discussion of the facts. 22 The trial court refused to disqualify the prosecutor and the Georgia Supreme Court affirmed, finding that no attorney-client relationship was formed between the prosecutor and the defendant. In so holding, the court expressly stated that the basic question in regard to the formation of the attorney-client relationship is whether it has been sufficiently established that advice or assistance of the attorney is both sought and received in matters pertinent to his profession. 23 In Richard v. David, the Court of Appeals applied this standard in the context of a closing. The buyer of a house brought a legal malpractice action against the closing attorney alleging that the attorney was negligent in failing to warn him of the significance of certain findings in the termite report. 24 The trial court granted summary judgment to the attorney, finding that no attorney-client relationship existed despite the fact that the buyer picked the attorney, made the initial contact with the attorney, and paid the attorney s fee as part of the closing costs. The Court of Appeals affirmed, citing the fact that the buyer never sought the attorney s legal advice or told the attorney that such advice would be relied on. Indeed, no legal advice was offered. 25 In so holding, the court expressly found that the mere fact that the buyer selected and paid the attorney was not sufficient to raise a fact question regarding the existence of an attorney-client relationship See, e.g., Oswell v. Nixon, 620 S.E.2d 419, 421 (Ga. Ct. App. 2005) (declining to find an implied attorney-client relationship because plaintiff never sought legal advice from any of the attorney defendants and none of the attorney defendants ever offered any legal advice) S.E.2d 683, 684 (Ga. 1989) See also In re Raynard, 171 B.R. 699, 702 (Bankr. N.D. Ga. 1994) S.E.2d 459 (Ga. Ct. App. 1994). 25. See also Legacy Homes, Inc. v. Cole, 421 S.E.2d 127, (Ga. Ct. App. 1992) (where attorney conducted closing in which buyer failed to present funds to builder, there was no attorney-client relationship between attorney and builder because builder never met or spoke to the attorney prior to closing, the builder never requested any legal advice, and the attorney never offered any). 26. See also Carmichael v. Barham, Bennett, Miller & Stone, 370 S.E.2d 639, 640 (Ga. Ct. App. 1988); Guillebeau v. Jenkins, 355 S.E.2d 453, 457 (Ga. Ct. App. 1987) ( the payment of a fee does not necessarily demonstrate the existence of the [attorney-client] relationship ). Chapter 1: Legal Elements of a Claim 7

26 PART ONE: Legal Malpractice Law and Defenses A closing presents a unique and complicated setting for determining the parties to an attorney client-relationship. Typically, at a loan or real estate closing, the closing attorney acts only as a representative for the clients who retained the attorney. 27 Indeed: where there is a lender and a borrower and the closing attorney was retained by the lender, the closing attorney represents only the lender. Even the selection of the attorney and payment of the attorney s fees under the terms of the sales contract does not create an attorney-client relationship when the attorney represents the lender, because professional standards regarding conflict of interest prohibit such conflicting multiple representations. 28 This standard regarding the creation of an implied attorney-client relationship has also been applied in the litigation context. In Horn v. Smith & Meroney, P.C., the defendant-attorney represented the decedent s wife in a wrongful death action arising out of an airplane crash. 29 After the wrongful death claim was settled, the decedent s parents brought a malpractice action. The trial court granted the attorney s motion for summary judgment and the Court of Appeals affirmed, finding that the parents never sought any legal advice from the attorney, never informed the attorney that they were relying on him for legal advice, and in fact were represented by their own counsel for most of the period at issue. 30 Thus, the decedent s parents did not share an attorney-client relationship with the attorney that would permit them to bring a malpractice claim. In Calhoun v. Tapley, however, the Court of Appeals found that a genuine issue of material fact existed as to whether the parties shared an implied attorney-client relationship. 31 In Calhoun, the plaintiff purchased a residence by taking out a mortgage and subsequently deeded the residence to a third party in a wraparound transaction where the third party was to make the mortgage payments. When the residence was destroyed by fire, the third party hired the defendantattorney to assist in making the insurance claim. When the attorney 27. Legacy Homes, Inc. v. Cole, 421 S.E.2d 127 (Ga. Ct. App. 1992). 28. Garrett v. Fleet Fin., Inc. of Ga., 556 S.E.2d 140, 145 (Ga. Ct. App. 2001) (internal citations omitted) S.E.2d 272 (Ga. Ct. App. 1990). 30. at S.E.2d 848, 850 (Ga. Ct. App. 1990). 8 Chapter 1: Legal Elements of a Claim

27 DUTY failed to timely make that claim, the original buyer sued the attorney for malpractice. The trial court granted the attorney s motion for summary judgment concluding that no attorney-client relationship existed, but the Court of Appeals reversed. In so holding, the court relied on testimony that the attorney openly discussed the case with the plaintiff without regard to the other client s confidentiality and failed to inform the insurance company s representatives that the plaintiff was not a client when they requested permission to contact her directly. The court found that this evidence raised a genuine issue of material fact Duty to Non-Clients Even in the ab sence of an express or implied contract, certain non-clients will have stand ing to sue professionals for negligence. 33 In Badische Corp. v. Caylor, 34 the Supreme Court of Georgia held that a professional could be liable to non-clients where those non-clients: rely upon the information in circumstances in which the maker was manifestly aware of the use to which the information was to be put and in tended that it be so used. This liability is limited to a foreseeable person or limited class of persons for whom the information was intended, either directly or indirectly. 35 The Georgia Court of Appeals has also outlined some situations in which an attorney may owe a duty to a third party. For example, the Georgia Court of Appeals has outlined some of the situations at Georgia law in which an attorney may owe a duty to a third party 36 : The Court of Appeals stated as follows: For example, a lawyer representing the guardian ad litem of a minor owes a duty to the minor also, who is the real party with the legal interest warranting representation and the intended beneficiary of the See Badische Corp. v. Caylor, 356 S.E.2d 198 (Ga. 1987); Robert & Co. Assoc. v. Rhodes-Haverty P ship, 300 S.E.2d 503 (Ga. 1983) (allowing partnership that purchased building to bring negligence action against engineering firm that prepared inspection report, where engineer who prepared report was aware that prospective purchasers could rely on report); Travelers Indem. Co. v. A.M. Pullen & Co., 289 S.E.2d 792 (Ga. Ct. App. 1982) S.E.2d 198 (Ga. 1987). 35. at 200 (internal citations omitted) (emphasis in original). 36. Rhone v. Bolden, 608 S.E.2d 22, 29 (Ga. Ct. App. 2004). Chapter 1: Legal Elements of a Claim 9

28 PART ONE: Legal Malpractice Law and Defenses relationship between her guardian and the guardian s attorney. Additionally, a real property buyer who relied on an attorney s title certification of the property purchased has a cause of action against the attorney if the seller had no interest in the property. Finally, in a wrongful death case, the surviving spouse acts as the children s representative and owes them the duty to act prudently in asserting, prosecuting, and settling the claims and to act in the utmost good faith. 37 These situations and others can be grouped into three categories, as discussed herein. Indeed, attorneys in Georgia may owe a duty to a third party where that party is a third-party beneficiary to an existing attorney-client relationship, where an attorney could foresee that a third party would rely on information shared by the attorney, and where the attorney voluntarily acts pursuant to a third party s legal interest. a. Third Party Beneficiaries In general, a plaintiff cannot recover in a legal malpractice action unless there is an attorney-client relationship with attorney defendant. However, in certain circumstances, an attorney may owe a duty to a party who is not a client but who is a third-party beneficiary to an agreement between the attorney and her or his client. 38 For that exception to apply, it must clearly appear from the agreement between the attorney and client that it was intended for the benefit of that third party. 39 The mere fact that the third party would benefit from performance of the agreement is not alone sufficient. 40 In Young v. Williams, attorney Young represented decedent Mr. Williams in drafting his will. 41 After Mr. Williams died and the will failed to pass the marital residence on to Williams wife, as Mr. Williams had requested, Williams wife filed a malpractice claim against Young. Despite the fact that Young and Mr. Williams did not have a written contract governing the representation, Young admitted that Mr. Williams intended for the marital property to pass on to 37. at (internal citations omitted). 38. Young v. Williams, 645 S.E.2d 624, 626 (Ga. Ct. App. 2007) at 625. See also Legacy Homes, Inc. v. Cole, 421 S.E.2d 127 (Ga. Ct. App. 1992). 41. Young, 645 S.E.2d at Chapter 1: Legal Elements of a Claim

29 DUTY Mrs. Williams and that Young had failed to include an appropriate provision in the will for that purpose. 42 However, Young opposed the malpractice action on the grounds that there was no privity of contract between him and Mrs. Williams. The Court of Appeals disagreed, noting that [i]t is clear from the record that James Williams hired Young to draft a will so that certain people [including Mrs. Williams] would inherit his property upon his death. 43 As such, summary judgment was appropriate in Mrs. Williams favor as a third party beneficiary. 44 b. Foreseeable Reliance The doctrine of foreseeable reliance permits certain non-clients to maintain an action against a professional for misinformation or misrepresentations negligently made. If the professional willfully and intentionally made the misrepresentations to induce the non-client to rely on the misrepresentations to his detriment, then the non-client could assert the independent tort of fraud, regardless of the existence of any attorney-client relationship or obligations. However, if a professional is aware that his representations will be used to induce a non-client s reliance, the attorney s duty to use skill and diligence in making those representations extends to certain non-clients who would foreseeably rely on the representations. Those non-clients would then be able to bring a legal malpractice claim against the professional. Importantly, as the Georgia Supreme Court has made clear, a professional s duty does not extend to all non-clients just because their reliance is foreseeable. 45 Instead, the court has adopted the middle ground between an unlimited foreseeability rule and the narrow privity rule. 46 Specifically, the duty to a non-client exists under the doctrine of foreseeable reliance only when the following elements are met: (1) the professional was manifestly aware of the use to which the information was to be put and intended that it be so used; (2) the non-client recipient was a foreseeable person or a member of a limited class of persons at Compare to Rhone v. Bolden, 608 S.E.2d 22, 30 (Ga. Ct. App. 2004) (holding that a lawyer hired by an estate representative did not owe duty to decedent s two parents, where parents interests were at odds with estate; thus, the heirs of the estate may not bring a malpractice claim against the lawyer because the heirs are not automatically thirdparty beneficiaries of the attorney-client relationship. ). 45. Badische Corp. v. Caylor, 356 S.E.2d 198, 200 (Ga. 1987). 46. at 200 n.2. Chapter 1: Legal Elements of a Claim 11

1 California Procedure (5th), Attorneys

1 California Procedure (5th), Attorneys 1 California Procedure (5th), Attorneys I. INTRODUCTION A. [ 1] Organization of Chapter. B. [ 2] Statutory and Regulatory Framework. B-1. [ 2A] (New) Reorganization of State Bar Rules. C. Nature and Function

More information

ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN

ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN for the Marquette Volunteer Legal Clinic Lawyer and Student Volunteers December 11, 2008

More information

Contract and Tort Law for Engineers

Contract and Tort Law for Engineers Contract and Tort Law for Engineers Christian S. Tacit Tel: 613-599-5345 Email: ctacit@tacitlaw.com Canadian Systems of Law There are two systems of law that operate in Canada Common Law and Civil Law

More information

NEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:

NEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful: NEGLIGENCE WHAT IS NEGLIGENCE? Negligence is unintentional harm to others as a result of an unsatisfactory degree of care. It occurs when a person NEGLECTS to do something that a reasonably prudent person

More information

MIRIAM HAYENGA, Plaintiff/Appellant,

MIRIAM HAYENGA, Plaintiff/Appellant, IN THE ARIZONA COURT OF APPEALS DIVISION ONE MIRIAM HAYENGA, Plaintiff/Appellant, v. PAUL GILBERT and JANE DOE GILBERT, husband and wife; L. RICHARD WILLIAMS and JANE DOE WILLIAMS, husband and wife; BEUS

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS 2014 IL 115997 IN THE SUPREME COURT OF THE STATE OF ILLINOIS (Docket Nos. 115997, 116009 cons.) In re ESTATE OF PERRY C. POWELL (a/k/a Perry Smith, Jr.), a Disabled Person (Robert F. Harris, Cook County

More information

Arbitration Law of Canada: Practice and Procedure

Arbitration Law of Canada: Practice and Procedure Arbitration Law of Canada: Practice and Procedure Third Edition J. Brian Casey JURIS Questions About This Publication For assistance with shipments, billing or other customer service matters, please call

More information

DETAILED TABLE OF CONTENTS

DETAILED TABLE OF CONTENTS DETAILED TABLE OF CONTENTS Dedication... Preface... Acknowledgments... Summary Table of Contents... v vii xi xiii Chapter 1. The Evolution of Whistleblower Protections... 1-1 I. Historical Background...

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 17a0609n.06. No UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

NOT RECOMMENDED FOR PUBLICATION File Name: 17a0609n.06. No UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT NOT RECOMMENDED FOR PUBLICATION File Name: 17a0609n.06 No. 17-5194 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IN RE: GREGORY LANE COUCH; ANGELA LEE COUCH Debtors. GREGORY COUCH v. Appellant,

More information

HEALTH CARE LIABILITY UPDATE, 2014

HEALTH CARE LIABILITY UPDATE, 2014 HEALTH CARE LIABILITY UPDATE, 2014 PAULA SWEENEY Slack & Davis 2911 Turtle Creek Boulevard Suite 1400 Dallas Texas 75219 (214) 528-8686 psweeney@slackdavis.com State Bar of Texas ADVANCED MEDICAL TORTS

More information

CHAPTER 8: GENUINE AGREEMENT

CHAPTER 8: GENUINE AGREEMENT CHAPTER 8: GENUINE AGREEMENT GENUINE AGREEMENT AND RESCISSION A valid offer and valid acceptance generally results in an enforceable contract. If one of the parties used physical threats to acquire the

More information

CALIFORNIA CIVIL CODE SECTION

CALIFORNIA CIVIL CODE SECTION CALIFORNIA SECTION 8000-8848 8000. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. 8002. "Admitted surety insurer" has the meaning

More information

Legal Referral Service Rules for Panel Membership

Legal Referral Service Rules for Panel Membership Legal Referral Service Rules for Panel Membership Joint Committee on Legal Referral Service New York City Bar Association and The New York County Lawyers Association Amended as of May 1, 2015 Table of

More information

Non-Discretionary IA Services Client Services Agreement

Non-Discretionary IA Services Client Services Agreement Non-Discretionary IA Services Client Services Agreement THIS INVESTMENT ADVISORY SERVICES AGREEMENT, the ( Agreement ), dated this day of, 20, is by and between FSC Securities Corporation, ( FSC ), a registered

More information

Powers of Attorney: Not All the Same

Powers of Attorney: Not All the Same Powers of Attorney: Not All the Same Presented by: Sara M. Donnersbach, Esq. April 2015 WWR Footprint and Network WWR Footprint WWR attorneys are licensed to practice in Illinois, Indiana, Kentucky, Michigan,

More information

FILED: NEW YORK COUNTY CLERK 08/26/ :23 PM INDEX NO /2015 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/26/2015

FILED: NEW YORK COUNTY CLERK 08/26/ :23 PM INDEX NO /2015 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/26/2015 FILED: NEW YORK COUNTY CLERK 08/26/2015 01:23 PM INDEX NO. 190245/2015 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/26/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X

More information

ALR OGLETHORPE, LLC v. Henderson, Ga: Court of Appeals Google Scholar

ALR OGLETHORPE, LLC v. Henderson, Ga: Court of Appeals Google Scholar Page 1 of 5 ALR OGLETHORPE, LLC, et al., v. HENDERSON, et al. A15A2336. Court of Appeals of Georgia, Fourth Division. March 23, 2016. BARNES, P. J., RAY and MCMILLIAN, JJ. BARNES, Presiding Judge. This

More information

6 California Procedure (5th), Proceedings Without Trial

6 California Procedure (5th), Proceedings Without Trial 6 California Procedure (5th), Proceedings Without Trial I. MOTIONS A. In General. 1. [ 1] Application for Order. 2. [ 2] Types of Motions. 3. [ 3] Main Action of Proceeding. 4. [ 4] Party to Proceeding.

More information

Responding to a Complaint: Maryland

Responding to a Complaint: Maryland Resource ID: w-011-5932 Responding to a Complaint: Maryland CHRISTOPHER C. JEFFRIES AND STEVEN A. BOOK, KRAMON & GRAHAM, WITH PRACTICAL LAW LITIGATION Search the Resource ID numbers in blue on Westlaw

More information

2017 All-Ohio Legal Forum. Succession Planning: What You Need to Know to Appoint a Successor Attorney for Your Practice

2017 All-Ohio Legal Forum. Succession Planning: What You Need to Know to Appoint a Successor Attorney for Your Practice 2017 All-Ohio Legal Forum Succession Planning: What You Need to Know to Appoint a Successor Attorney for Your Practice 1.0 Professional Conduct Hour August 23 August 25, 2017 Cleveland Speaker Biographies

More information

Index of Subjects. Created by: Neil Savage, JD Legal Publications Editor/Indexer th Ave NE Seattle, WA

Index of Subjects. Created by: Neil Savage, JD Legal Publications Editor/Indexer th Ave NE Seattle, WA Created by: Neil Savage, JD Legal Publications Editor/Indexer 17812 28th Ave NE Seattle, WA 98155-4006 206-367-9312 Index of Subjects Advertising and solicitation Chat room advertising, 8.13(a) Generally,

More information

RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION

RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION A. GENERAL PROVISIONS Rule 1. Definitions. As used in these rules: (A) Arbitration means a process whereby a neutral third person, called an arbitrator, considers

More information

The court annexed arbitration program.

The court annexed arbitration program. NEVADA ARBITRATION RULES (Rules Governing Alternative Dispute Resolution, Part B) (effective July 1, 1992; as amended effective January 1, 2008) Rule 1. The court annexed arbitration program. The Court

More information

Understanding Legal Terminology in NFA Arbitration Cases

Understanding Legal Terminology in NFA Arbitration Cases Understanding Legal Terminology in NFA Arbitration Cases November 2003 TABLE OF CONTENTS Introduction...1 Authority to Sue...3 Standing...3 Assignment...3 Power of Attorney...3 Multiple Parties or Claims...4

More information

A BILL. i n t i t u l e d. An Act to amend the Labuan Offshore Trusts Act 1996.

A BILL. i n t i t u l e d. An Act to amend the Labuan Offshore Trusts Act 1996. A BILL i n t i t u l e d An Act to amend the Labuan Offshore Trusts Act 1996. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement 1. (1) This Act may be cited as the Labuan

More information

THIRD AMENDED TRIBAL TORT CLAIMS ORDINANCE SYCUAN BAND OF THE KUMEYAAY NATION BE IT ENACTED BY THE SYCUAN BAND OF THE KUMEYAAY NATION AS FOLLOWS:

THIRD AMENDED TRIBAL TORT CLAIMS ORDINANCE SYCUAN BAND OF THE KUMEYAAY NATION BE IT ENACTED BY THE SYCUAN BAND OF THE KUMEYAAY NATION AS FOLLOWS: THIRD AMENDED TRIBAL TORT CLAIMS ORDINANCE SYCUAN BAND OF THE KUMEYAAY NATION BE IT ENACTED BY THE SYCUAN BAND OF THE KUMEYAAY NATION AS FOLLOWS: I. TITLE. This Ordinance shall be entitled the Sycuan Band

More information

Chapter 9: Contract Formation. Copyright 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Chapter 9: Contract Formation. Copyright 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. Chapter 9: Contract Formation a Copyright part of South-Western 2009 South-Western Cengage Legal Learning. Studies Business, Introduction is a declaration that something will or will not happen in the

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS BANK ONE NA, Plaintiff-Appellant, UNPUBLISHED May 20, 2008 v No. 277081 Ottawa Circuit Court OTTAWA COUNTY REGISTER OF DEEDS and LC No. 05-053094-CZ CENTURY PARTNERS

More information

Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)

Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) Rules Amended and Effective October 1, 2013 Fee Schedule Amended and Effective June 1,

More information

BILL NO. 42. Health Information Act

BILL NO. 42. Health Information Act HOUSE USE ONLY CHAIR: WITH / WITHOUT 4th SESSION, 64th GENERAL ASSEMBLY Province of Prince Edward Island 63 ELIZABETH II, 2014 BILL NO. 42 Health Information Act Honourable Doug W. Currie Minister of Health

More information

SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY

SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY Southern Glazer s Arbitration Policy July - 2016 SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY A. STATEMENT

More information

PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT

PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT PROPOSED AMENDMENTS TO TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT LINDA ACEVEDO, Austin State Bar of Texas State Bar of Texas 36 TH ANNUAL ADVANCED FAMILY LAW COURSE August 9-12, 2010 San Antonio

More information

Table of Contents. About the Authors v Foreword by Madam Justice Eileen E. Gillese Preface xxi Table of Statutes xxviii Table of Cases xxxi

Table of Contents. About the Authors v Foreword by Madam Justice Eileen E. Gillese Preface xxi Table of Statutes xxviii Table of Cases xxxi Table of Contents About the Authors v Foreword by Madam Justice Eileen E. Gillese Preface xxi Table of Statutes xxviii Table of Cases xxxi vii Part 1 Introduction to Business Law 1 Unit 1 Introduction

More information

GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE. between the City of and

GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE. between the City of and GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of and [Insert Vendor's Co. Name] THIS AGREEMENT is made by and between the City of, a Washington municipal corporation (hereinafter

More information

2017 Marshall Dennehey. Warner Coleman & Goggin, P.C. All rights reserved. Pennsylvania Legal Malpractice Handbook Edition

2017 Marshall Dennehey. Warner Coleman & Goggin, P.C. All rights reserved. Pennsylvania Legal Malpractice Handbook Edition Pennsylvania Legal Malpractice Handbook 2017 Edition Edwin A.D. Schwartz, Esq. Nicole M. Ehrhart, Esq. Sarah S. Kleinman, Esq. Aaron E. Moore, Esq. Charlene S. Seibert, Esq. Alesia S. Sulock, Esq. This

More information

No. 107,696 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. GREGORY COKER, Appellant, MICHAEL D. SILER, Defendant, and SYLLABUS BY THE COURT

No. 107,696 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. GREGORY COKER, Appellant, MICHAEL D. SILER, Defendant, and SYLLABUS BY THE COURT No. 107,696 IN THE COURT OF APPEALS OF THE STATE OF KANSAS GREGORY COKER, Appellant, v. MICHAEL D. SILER, Defendant, and J.M.C. CONSTRUCTION, INC., and JOHN M. CHANEY, Appellees. SYLLABUS BY THE COURT

More information

RETS DATA ACCESS AGREEMENT

RETS DATA ACCESS AGREEMENT RETS DATA ACCESS AGREEMENT Smart MLS, Inc 860 North Main Street Ext. Wallingford, CT 06492 203-697-1006 203-697-1064 (fax) SmartMLS.com RETS Data Access Agreement rev.917 1 RETS DATA ACCESS AGREEMENT This

More information

Minnesota Rules of No-Fault Arbitration Procedures

Minnesota Rules of No-Fault Arbitration Procedures Minnesota Rules of No-Fault Arbitration Procedures Available online at adr.org Rules Amended and Effective January 1, 2018 Table of Contents Minnesota Rules of No-Fault Arbitration Procedures... 4 Rule

More information

WHAT TO DO WHEN YOU OR ANOTHER ATTORNEY CAN NO LONGER PRACTICE LAW

WHAT TO DO WHEN YOU OR ANOTHER ATTORNEY CAN NO LONGER PRACTICE LAW WHAT TO DO WHEN YOU OR ANOTHER ATTORNEY CAN NO LONGER PRACTICE LAW CLAUDE DUCLOUX, Austin Hill, Ducloux, Carnes & de la Garza State Bar of Texas LAWYER COMPETENCY IN THE 21 ST CENTURY November 21, 2014

More information

Committee Opinion July 22, 1998 THROUGH A TEMPORARY PLACEMENT SERVICE.

Committee Opinion July 22, 1998 THROUGH A TEMPORARY PLACEMENT SERVICE. LEGAL ETHICS OPINION 1712 TEMPORARY LAWYERS WORKING THROUGH A TEMPORARY PLACEMENT SERVICE. You have presented a hypothetical situation in which a staffing agency recruits, screens and interviews lawyers

More information

Fundamentals of Drafting Executive Employment Agreements

Fundamentals of Drafting Executive Employment Agreements Fundamentals of Drafting Executive Employment Agreements Beth Coonan BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Coonan@brownwinick.com (515) 242-2408 Reminder Please note, nothing

More information

COPYRIGHT 2009 THE LAW PROFESSOR

COPYRIGHT 2009 THE LAW PROFESSOR CIVIL PROCEDURE SHOPPING LIST OF ISSUES FOR CIVIL PROCEDURE Professor Gould s Shopping List for Civil Procedure. 1. Pleadings. 2. Personal Jurisdiction. 3. Subject Matter Jurisdiction. 4. Amended Pleadings.

More information

THE PERSONAL DIRECTIVE A GUIDE

THE PERSONAL DIRECTIVE A GUIDE Barristers & Solicitors 2800, 801 6 Avenue SW Calgary, Alberta T2P 4A3 Phone (403) 267-8400 Fax (403) 264-9400 Toll Free 1 800 304-3574 www.walshlaw.ca THE PERSONAL DIRECTIVE A GUIDE The purpose of this

More information

THE RESPONSIBILITIES OF THE ATTORNEY GUARDIAN AD LITEM By Natalie J. Miller, Esq.

THE RESPONSIBILITIES OF THE ATTORNEY GUARDIAN AD LITEM By Natalie J. Miller, Esq. THE RESPONSIBILITIES OF THE ATTORNEY GUARDIAN AD LITEM By Natalie J. Miller, Esq. Law Office of Natalie J. Miller, PLLC 548 Williamson Rd., Suite 2 Mooresville, NC 28117 704-662-3557 / nmiller@njmillerlaw.com

More information

Common law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S.

Common law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S. Litigation U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3 20122 Milano Comparing England and Wales and the U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3

More information

Legal Ethics of Metadata or Mining for Data About Data

Legal Ethics of Metadata or Mining for Data About Data Legal Ethics of Metadata or Mining for Data About Data Peter L. Ostermiller Attorney at Law 239 South Fifth Street Suite 1800 Louisville, KY 40202 peterlo@ploesq.com www.ploesq.com Overview What is Metadata?

More information

CASH MANAGEMENT MASTER AGREEMENT

CASH MANAGEMENT MASTER AGREEMENT CASH MANAGEMENT MASTER AGREEMENT This CASH MANAGEMENT MASTER AGREEMENT ( Agreement ) is made as of the day of, 20, by and between SANTANDER BANK, N.A. ( Bank ), a national bank with offices at 75 State

More information

LEGAL MALPRACTICE PRINCIPLES AND LITIGATION STRATEGY

LEGAL MALPRACTICE PRINCIPLES AND LITIGATION STRATEGY LEGAL MALPRACTICE PRINCIPLES AND LITIGATION STRATEGY NICOLE M. MARLOW-JONES & MICHAEL F. PERLEY 1 LEGAL MALPRACTICE PRINCIPLES AND LITIGATION STRATEGY Lawyers are now targets I. Reported Cases in 70s 407

More information

The Health Information Protection Act

The Health Information Protection Act 1 The Health Information Protection Act being Chapter H-0.021* of the Statutes of Saskatchewan, 1999 (effective September 1, 2003, except for subsections 17(1), 18(2) and (4) and section 69) as amended

More information

STANDARD TERMS AND CONDITIONS OF SALE

STANDARD TERMS AND CONDITIONS OF SALE 1. Sale And License STANDARD TERMS AND CONDITIONS OF SALE 1.1 Controlling Conditions of Sale. All purchases and sales of Products, including all parts, kits for assembly, spare parts and components thereof

More information

ARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL

ARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL ARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL TABLE OF CONTENTS I. THE RULES AS PART OF THE ARBITRATION AGREEMENT PAGES 1.1 Application... 1 1.2 Scope... 1 II. TRIBUNALS AND ADMINISTRATION 2.1 Name

More information

INDEPENDENT CONTRACTOR TERMS OF AGREEMENT Return to the Division of Human Resources when complete. Name: Individual: Business: (mark one)

INDEPENDENT CONTRACTOR TERMS OF AGREEMENT Return to the Division of Human Resources when complete. Name: Individual: Business: (mark one) INDEPENDENT CONTRACTOR TERMS OF AGREEMENT Return to the Division of Human Resources when complete. Part One: University Information ( University or KSU) Contracting University Department/Office: Contracting

More information

Creative and Legal Communities

Creative and Legal Communities AIPLA Mergers & Acquisition Committee Year in a Deal Lecture Series Beyond the Four Corners: A Discussion of the Impact of the Choice of New York, Delaware, Texas, and California Law in Contracts Carey

More information

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY GREENLEAF, ALLOWAY, SCHWANK, FONTANA, MENSCH AND HUGHES, MARCH 6, 2013

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY GREENLEAF, ALLOWAY, SCHWANK, FONTANA, MENSCH AND HUGHES, MARCH 6, 2013 PRIOR PRINTER'S NO. PRINTER'S NO. THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. Session of INTRODUCED BY GREENLEAF, ALLOWAY, SCHWANK, FONTANA, MENSCH AND HUGHES, MARCH, SENATOR GREENLEAF, JUDICIARY,

More information

In the past few months, two California decisions have made strong

In the past few months, two California decisions have made strong Lawyers Ethics in Real Estate Transactions By Roger Bernhardt and Robert L. Kehr In the past few months, two California decisions have made strong statements to lawyers about improper behavior in handling

More information

LOAN GUARANTEE AGREEMENT. dated as of [ ], 20[ ] among. THE HOLDERS identified herein, their successors and permitted assigns, and

LOAN GUARANTEE AGREEMENT. dated as of [ ], 20[ ] among. THE HOLDERS identified herein, their successors and permitted assigns, and [FLOATING RATE GUARANTEED OBLIGATIONS] LOAN GUARANTEE AGREEMENT dated as of [ ], 20[ ] among THE HOLDERS identified herein, their successors and permitted assigns, and THE UNITED STATES DEPARTMENT OF ENERGY,

More information

ALI-ABA Course of Study Civil Practice and Litigation Techniques in Federal and State Courts

ALI-ABA Course of Study Civil Practice and Litigation Techniques in Federal and State Courts 1741 ALI-ABA Course of Study Civil Practice and Litigation Techniques in Federal and State Courts Sponsored with the cooperation of the Federal Judicial Center July 11-13, 2007 Santa Fe, New Mexico Sanctions

More information

Code of Professional Responsibility for Interpreters

Code of Professional Responsibility for Interpreters Code of Professional Responsibility for Interpreters Preamble The Georgia Supreme Court adopted the Rule on the Use of Interpreters for Non-English Speaking Persons and created the Georgia Supreme Court

More information

District of Columbia Court of Appeals Board on Professional Responsibility. Board Rules

District of Columbia Court of Appeals Board on Professional Responsibility. Board Rules District of Columbia Court of Appeals Board on Professional Responsibility Board Rules Adopted June 23, 1983 Effective July 1, 1983 This edition represents a complete revision of the Board Rules. All previous

More information

BCM Policies and Procedures

BCM Policies and Procedures BCM Policies and Procedures 20.8.01 - Research: Inventions and Patents Date: 01/07/2001 Inventions and Patents Last Update: NOTE: Any questions concerning this Policy on Patents and Other Intellectual

More information

PLANNING AHEAD: PROTECTING YOUR CLIENTS INTERESTS IN THE EVENT OF YOUR DISABILITY OR DEATH R ISK MANAGEMENT PRACTICE GUIDES LAWYERS MUTUAL

PLANNING AHEAD: PROTECTING YOUR CLIENTS INTERESTS IN THE EVENT OF YOUR DISABILITY OR DEATH R ISK MANAGEMENT PRACTICE GUIDES LAWYERS MUTUAL PLANNING AHEAD: PROTECTING YOUR CLIENTS INTERESTS IN THE EVENT OF YOUR DISABILITY OR DEATH R ISK MANAGEMENT PRACTICE GUIDES OF LAWYERS MUTUAL LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA

More information

AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes)

AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes) APPENDIX 4 AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes) Commercial Mediation Procedures M-1. Agreement of Parties Whenever, by

More information

The section Causation: Actual Cause and Proximate Cause from Business Law and the Legal Environment was adapted by The Saylor Foundation under a

The section Causation: Actual Cause and Proximate Cause from Business Law and the Legal Environment was adapted by The Saylor Foundation under a The section Causation: Actual Cause and Proximate Cause from Business Law and the Legal Environment was adapted by The Saylor Foundation under a Creative Commons Attribution- NonCommercial-ShareAlike 3.0

More information

Skyrocket LLC Terms of Use for

Skyrocket LLC Terms of Use for Skyrocket LLC Terms of Use for http://www.skyrocketon.com/ Welcome to the Skyrocket LLC ("SKYROCKET or we or us ) website located at http://www.skyrocketon.com and other affiliated websites and mobile

More information

Title 3 Tribal Courts Chapter 6 Enforcement of Judgments

Title 3 Tribal Courts Chapter 6 Enforcement of Judgments Title 3 Tribal Courts Chapter 6 Enforcement of Judgments Sec. 3-06.010 Title 3-06.020 Authority 3-06.030 Definitions 3-06.040 Purpose and Scope Subchapter I General Provisions 3-06.050 Jurisdiction 3-06.060

More information

Guide to the Media, Entertainment & Arts Alliance Standard Freelance Commissioning Terms

Guide to the Media, Entertainment & Arts Alliance Standard Freelance Commissioning Terms Clause THIS AGREEMENT IS MADE ON PARTIES ####ACN~ of ##(Publisher) ####ACN~ of ##(Contributor) BACKGROUND A. The Publisher publishes the publications listed in schedule 1. B. The Contributor is a freelance

More information

Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)

Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes) Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes) Rules Amended and Effective October 1, 2009 Fee Schedule Amended and Effective

More information

Reality of Consent. Reality of Consent. Reality of Consent. Chapter 13

Reality of Consent. Reality of Consent. Reality of Consent. Chapter 13 Reality of Consent Chapter 13 Reality of Consent It is crucial to the economy and commerce that the law be counted on to enforce contracts. However, in some cases there are compelling reasons to permit

More information

The Specific Relief Act, 1963

The Specific Relief Act, 1963 The Specific Relief Act, 1963 [47 OF 1963] SPECIFIC RELIEF ACT, 1963 [47 OF 1963] An Act to define and amend the law relating to certain kinds of specific relief. BE it enacted by Parliament in the Fourteenth

More information

PeachCourt Document Access User Agreement Terms of Use

PeachCourt Document Access User Agreement Terms of Use PeachCourt Document Access User Agreement Terms of Use Welcome to PeachCourt, Georgia s statewide Document Access and efiling System. PeachCourt is comprised of various web pages operated by GreenCourt

More information

ADR CODE OF PROCEDURE

ADR CODE OF PROCEDURE Last Revised 12/1/2006 ADR CODE OF PROCEDURE Rules & Procedures for Arbitration RULE 1: SCOPE OF RULES A. The arbitration Rules and Procedures ( Rules ) govern binding arbitration of disputes or claims

More information

Evidentiary Privileges

Evidentiary Privileges Evidentiary Privileges Sixth Edition (Grand Jury, Criminal and Civil Trials) CHAPTER 1 CHAPTER 2 TABLE OF CONTENTS THE POWER OF THE GRAND JURY TO COMPEL TESTIMONY AND THE LAW S RIGHT TO EVERY PERSON S

More information

Minutes of the Business Litigation Committee Meeting Business Law Section of the Florida Bar Annual Meeting January 22, 2014

Minutes of the Business Litigation Committee Meeting Business Law Section of the Florida Bar Annual Meeting January 22, 2014 Minutes of the Business Litigation Committee Meeting Business Law Section of the Florida Bar Annual Meeting January 22, 2014 The meeting of the Business Litigation Committee of the Business Law Section

More information

HANDBOOK FOR A RECEIVER OF THE LAW PRACTICE OF A DISABLED OR MISSING OR DECEASED ( DMD ) MAINE ATTORNEY

HANDBOOK FOR A RECEIVER OF THE LAW PRACTICE OF A DISABLED OR MISSING OR DECEASED ( DMD ) MAINE ATTORNEY HANDBOOK FOR A RECEIVER OF THE LAW PRACTICE OF A DISABLED OR MISSING OR DECEASED ( DMD ) MAINE ATTORNEY By Authority of Maine Bar Rule 7.3(f) A Publication of the Maine Board of Overseers of the Bar Published

More information

Filing an Answer to the Complaint or Moving to Dismiss under Rule 12

Filing an Answer to the Complaint or Moving to Dismiss under Rule 12 ADVISORY LITIGATION PRIVATE EQUITY CONVERGENT Filing an Answer to the Complaint or Moving to Dismiss under Rule 12 Michael Stegawski michael@cla-law.com 800.750.9861 x101 This memorandum is provided for

More information

COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES

COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES Effective October 1, 2010 JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution

More information

LAKE COUNTY, OHIO PROBATE COURT THE HONORABLE MARK J. BARTOLOTTA, JUDGE

LAKE COUNTY, OHIO PROBATE COURT THE HONORABLE MARK J. BARTOLOTTA, JUDGE Local Rules LAKE COUNTY, OHIO PROBATE COURT THE HONORABLE MARK J. BARTOLOTTA, JUDGE LAKE COUNTY RULE 8. Court Appointments. Rule 8.1 Persons appointed by the Court to serve as appraisers, fiduciaries,

More information

ARTIST MANAGEMENT CONTRACT

ARTIST MANAGEMENT CONTRACT ARTIST MANAGEMENT AGREEMENT THIS AGREEMENT is made and entered into as of the. BY AND BETWEEN: JENNIFER ELIZABETH SCHRODER (herein referred to as the "Artist") [Address] [Address] - and - TRACY WESLOSKY

More information

ATLANTA BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE OPERATING RULES

ATLANTA BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE OPERATING RULES ATLANTA BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE OPERATING RULES The Board of Trustees for the Lawyer Referral and Information Service shall be responsible for the general oversight of the

More information

In-House Ethics: Important Questions. Dorsey & Whitney. Dorsey & Whitney LLP. All Rights Reserved.

In-House Ethics: Important Questions. Dorsey & Whitney. Dorsey & Whitney LLP. All Rights Reserved. In-House Ethics: Important Questions Ella Solomons Deloitte Kenneth L. Jorgensen David C. Singer Dorsey & Whitney Overall Responsibility A law firm... shall make reasonable efforts to ensure that all lawyers

More information

COMPILATION OF THE ACQUISITION REGULATION OF THE PANAMA CANAL AUTHORITY 1

COMPILATION OF THE ACQUISITION REGULATION OF THE PANAMA CANAL AUTHORITY 1 IMPORTANT NOTICE: Spanish is the official language of the Agreements issued by the Panama Canal Authority Board of Directors. The English translation is intended solely for the purpose of facilitating

More information

CAUSE NO. C E RICARDO DIAZ MIRANDA IN THE DISTRICT COURT OF. vs. HIDALGO COUNTY, TEXAS SECOND AMENDED ORIGINAL ANSWER OF PLAINSCAPITAL BANK

CAUSE NO. C E RICARDO DIAZ MIRANDA IN THE DISTRICT COURT OF. vs. HIDALGO COUNTY, TEXAS SECOND AMENDED ORIGINAL ANSWER OF PLAINSCAPITAL BANK CAUSE NO. C-6048-13-E RICARDO DIAZ MIRANDA IN THE DISTRICT COURT OF vs. HIDALGO COUNTY, TEXAS PLAINSCAPITAL BANK 275 TH JUDICIAL DISTRICT SECOND AMENDED ORIGINAL ANSWER OF PLAINSCAPITAL BANK TO THE HONORABLE

More information

ETHICS IN DEPENDENCY PRACTICE FOR GUARDIAN AD LITEM ATTORNEYS AND ATTORNEYS AD LITEM. Striving for Excellence

ETHICS IN DEPENDENCY PRACTICE FOR GUARDIAN AD LITEM ATTORNEYS AND ATTORNEYS AD LITEM. Striving for Excellence 1 ETHICS IN DEPENDENCY PRACTICE FOR GUARDIAN AD LITEM ATTORNEYS AND ATTORNEYS AD LITEM Striving for Excellence Objectives 2 Identify ethical issues in dependency practice for GAL attorneys and Attorneys

More information

IMPORTANT READ CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT

IMPORTANT READ CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT IMPORTANT READ CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT THIS PRODUCT CONTAINS UNIVERSAL SSH KEY MANAGER AND TECTIA SSH SERVER COMPUTER SOFTWARE APPLICATIONS AND RELATED DOCUMENTATION AND OTHER

More information

North Carolina Uniform Power of Attorney Act Judicial Relief and Procedure

North Carolina Uniform Power of Attorney Act Judicial Relief and Procedure North Carolina Uniform Power of Attorney Act Judicial Relief and Procedure By Elizabeth K. Arias and James E. Hickmon The inclusion of a judicial relief mechanism under the newly enacted North Carolina

More information

By-laws (Cooperatives Act and Regulations)

By-laws (Cooperatives Act and Regulations) Calgary Co-operative Association Limited By-laws (Cooperatives Act and Regulations) (Approved by Members at the annual meeting held on 18 February 2003; amended 21 February 2004; 12 March 2008, 9 March,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Plaintiff, Civil Action File No.: v. Defendant. CONSENT PROTECTIVE ORDER By stipulation and agreement of the parties,

More information

Case 0:14-cv WPD Document 28 Entered on FLSD Docket 09/05/2014 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:14-cv WPD Document 28 Entered on FLSD Docket 09/05/2014 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 0:14-cv-60975-WPD Document 28 Entered on FLSD Docket 09/05/2014 Page 1 of 8 WENDY GRAVE and JOSEPH GRAVE, vs. Plaintiffs, WELLS FARGO BANK, N.A., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF

More information

ETHICAL ISSUES IN A TRUSTS & ESTATES PRACTICE

ETHICAL ISSUES IN A TRUSTS & ESTATES PRACTICE ETHICAL ISSUES IN A TRUSTS & ESTATES PRACTICE Deborah S. Kearns, Esq. Chief Clerk, Albany County Surrogate s Court Albany County Courthouse, Room 123 Albany NY 12207 518-285-8585 Adopted December 16, 2008

More information

So, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court

So, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court So, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court DISCLOSURE Please note that all of the information contained in this workshop/slideshow is purely general information and should

More information

SYNOPSIS. Exhibit 23A. Sample Colorado Statutory Form Power of Attorney for Property Introduction to Powers of Attorney

SYNOPSIS. Exhibit 23A. Sample Colorado Statutory Form Power of Attorney for Property Introduction to Powers of Attorney Chapter 23 Powers of Attorney Shari D. Caton, Esq.* Poskus, Caton & Klein, P.C. SYNOPSIS 23-1. Introduction to Powers of Attorney 23-2. Financial Powers of Attorney 23-3. Medical Powers of Attorney Exhibit

More information

Shareholder Class Action Lawsuits under the New Companies Act, 2013: Lessons Learned from the U.S. Experience

Shareholder Class Action Lawsuits under the New Companies Act, 2013: Lessons Learned from the U.S. Experience Shareholder Class Action Lawsuits under the New Companies Act, 2013: Lessons Learned from the U.S. Experience Presented at Threading the Needle in U.S. India Deals February 14, 2014 Deborah R. Meshulam,

More information

THE COMMON LAW LIBRARY CLERK & LINDSELL TORTS TWENTIETH EDITION

THE COMMON LAW LIBRARY CLERK & LINDSELL TORTS TWENTIETH EDITION THE COMMON LAW LIBRARY CLERK & LINDSELL ON TORTS TWENTIETH EDITION SWEET & MAXWELL &O?3 THOMSON REUTERS Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of Civil Procedure

More information

DISTRIBUTION TERMS. In Relation To Structured Products

DISTRIBUTION TERMS. In Relation To Structured Products DISTRIBUTION TERMS In Relation To Structured Products These Terms set out the rights and obligations of Citigroup Global Markets Limited, Citigroup Centre, Canada Square, Canary Wharf, London E14 5LB,

More information

scc Doc 51 Filed 07/16/15 Entered 07/16/15 15:54:38 Main Document Pg 1 of 23

scc Doc 51 Filed 07/16/15 Entered 07/16/15 15:54:38 Main Document Pg 1 of 23 Pg 1 of 23 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) SABINE OIL & GAS CORPORATION, et al., 1 ) Case No. 15-11835 (SCC) ) Debtors. ) (Joint Administration Requested)

More information

ISSUES FACING TRUSTEES UNDER THE MUPC AND MUTC BOSTON BAR ASSOCIATION NOVEMBER 18, 2011 Jennifer Locke Goodwin Procter LLP APPLICABILITY OF MUPC, MUTC

ISSUES FACING TRUSTEES UNDER THE MUPC AND MUTC BOSTON BAR ASSOCIATION NOVEMBER 18, 2011 Jennifer Locke Goodwin Procter LLP APPLICABILITY OF MUPC, MUTC ISSUES FACING TRUSTEES UNDER THE MUPC AND MUTC BOSTON BAR ASSOCIATION NOVEMBER 18, 2011 Jennifer Locke Goodwin Procter LLP MUPC: CHAPTER 521 of the Acts of 2008: APPLICABILITY OF MUPC, MUTC SECTION 43.

More information

SUPPLEMENTAL AGREEMENT TO PROVIDE CONSOLIDATED BILLING SERVICE FOR COMPETITIVE ENERGY SUPPLIER

SUPPLEMENTAL AGREEMENT TO PROVIDE CONSOLIDATED BILLING SERVICE FOR COMPETITIVE ENERGY SUPPLIER 579 Tenney Mountain Highway Plymouth, NH 03264-3154 www.nhec.coop 603-536-1800 / 800-698-2007 SUPPLEMENTAL AGREEMENT TO PROVIDE CONSOLIDATED BILLING SERVICE FOR COMPETITIVE ENERGY SUPPLIER This agreement

More information

LOCAL RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURTS OF JUDICIAL DISTRICT 16B

LOCAL RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURTS OF JUDICIAL DISTRICT 16B 124 NORTH CAROLINA ROBESON COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION LOCAL RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURTS OF JUDICIAL DISTRICT 16B Rule 1. Name. These rules shall

More information

Employers of Notaries Must Train and Supervise or Face Direct Liability for Failure to Prevent Harm to Third Parties

Employers of Notaries Must Train and Supervise or Face Direct Liability for Failure to Prevent Harm to Third Parties Employers of Notaries Must Train and Supervise or Face Direct Liability for Failure to Prevent Harm to Third Parties Offices: Boca Raton Boston Chicago Hong Kong London Los Angeles New Orleans New York

More information

a. A corporation, a director or an authorized officer must apply on behalf of said corporation.

a. A corporation, a director or an authorized officer must apply on behalf of said corporation. DEPARTMENT OF REGULATORY AGENCIES SUBDIVISIONS AND TIMESHARES 4 CCR 725-6 [Editor s Notes follow the text of the rules at the end of this CCR Document.] Chapter 1: Registration, Certification and Application

More information