Miscellaneous

Lawyer liable when client pursues illegitimate claim?

By Walter Olson, Ted Frank, and David Nieporent

"The New Jersey Supreme Court has agreed to review a case that could determine whether a lawyer is liable for furthering a client's illegitimate purpose in pursuing litigation." A lower New Jersey court had ruled that even if a lawyer knew his client was moved by an improper purpose in filing a lawsuit, he could not be held liable unless he was pursuing an illegitimate purpose of his own (as opposed to furthering the client's illegitimate purpose). On top of it all, the lawyer's former client was defending an action for malicious process on the grounds that he'd relied on the lawyer's advice in suing. Since this was the same lawyer who was disclaiming all responsibility for the results of the advice, the overall effect might be seen as that of a shell game in which responsibility for the wrongful lawsuit was to be found under whichever walnut shell -- attorney or client -- wasn't being lifted for inspection. (Mary Pat Gallagher, "N.J. Supreme Court to Take Up Issue of Lawyer's Liability for Client's Baseless Claim", New Jersey Law Journal, Jan. 31)(LoBiondo v. Schwartz).

Full post as published by Overlawyered on February 12, 2008 (boomark / email).