Legal Malpractice

NJ Bankruptcy Legal Malpractice Case

By (Andrew Lavoott Bluestone)

This case from New Jersey illustrates the difficult question of privity, which is another way to say, does plaintiff have a relationship with the attorney such that he may sue?

In SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

CHARLES W. GEYER, on behalf of ONE WASHINGTON PARK URBAN RENEWAL
ASSOCIATES (OWPURA),  v. PITNEY, HARDIN, KIPP & SZUCH,  PETER A. FORGOSH, ESQ.,; JONATHAN S. BRISTOL, ESQ., JOEL ROSEN, ESQ., and DOUGLAS A. KENT, ESQ.,
we see the following:

"This legal malpractice action was dismissed by way of summary judgment. In these cross-appeals, we consider defendants' argument that plaintiff lacked standing to bring this suit, and plaintiff's argument that there was sufficient evidence of professional negligence and proximate cause to defeat summary judgment. Although we conclude that the trial judge erred in his view of the merits of some of plaintiff's claims, we direct that the bulk of the action be dismissed without prejudice because we agree plaintiff lacked standing to pursue all but one of his claims. And we also hold that the one claim defendant had standing to pursue was without merit and properly dismissed. "  For the play by play, see the entire case.

Full post as published by New York Attorney Malpractice Blog on April 16, 2008 (boomark / email).