Legal Malpractice

More Conflict of Interest in a Penn Legal Malpractice Case

By (Andrew Lavoott Bluestone)

The Times Leader reports on a $ 3.4 Million legal malpractice action taking place there, now, post verdict.  The twist is that the winner of the case, executor of an estate had asked the trial judge to recuse himself because of financial conflict of interest.

"Attorneys for the Slusser family have asked Luzerne County Court to deny a petition filed by attorneys for Laputka, Bayless, Ecker and Cohn that seeks to overturn a $3.4 million legal malpractice judgment against the law firm.

In court papers filed Monday, attorneys Stephen Seach and Jonathan Lang of the Robert Powell law firm said that state law orders the judgment should stand.

Because the petition “lacks merit” court papers said, the judgment should be final and “not be subject to reconsideration,” according to state law.

The case has since been sent to the state Supreme Court, which will assign a judge outside Luzerne County to hear any further matters in the case. Court Administrator William Sharkey filed papers last week asking for the move.

A spokesman for the state Supreme Court said a judge has not yet been assigned.

The Slusser family sued the Laputka firm in 2000, alleging the firm was negligent in its handling of its estate.

In February, a jury awarded Bernadette Slusser, executor of the estate of Thomas Slusser, $3.4 million.

The ongoing civil case has received much attention since Philadelphia attorney Jeffrey B. McCarron of Philadelphia accused Luzerne County Court of Common Pleas Judge Mark Ciavarella of having a conflict of interest in the case.

McCarron said Ciavarella’s financial relationship with a company partly owned by Luzerne County Prothonotary Jill Moran, an attorney with the Powell law firm, calls into question his ability to impartially rule on the case.

Ciavarella has since recused himself from the case. "

Full post as published by New York Attorney Malpractice Blog on July 03, 2008 (boomark / email).