Law Practice,
Ethics/Professional Responsibility,
Civil Litigation
Sep. 3, 2020
Settle-and-sue malpractice cases: What should the plaintiff have to prove?
You represented your client from the beginning of a dispute to the very end. You obtained a result that, while not an outright victory, was still acceptable to the client. It was signed and sealed. Now, the client has buyer's (or seller's) remorse and believes that you should have advised against the deal -- and sues for malpractice.
Heather L. Rosing
Founding Partner
Rosing Pott & Strohbehn
Legal Malpractice (Specialist), Business Law
501 W Broadway, A380
San Diego , CA 92101
Phone: (619) 990-5566
Email: hrosing@rosinglaw.com
Northwestern Univ School of Law
Heather serves as the chairperson of the Legal Ethics and Law Firm Risk Management Practice Group, as well as the Lawyers and Accountants Practice Group. She is an appointed advisor to the State Bar of California's Rules Revision Commission.
David M. Majchrzak
Partner
Rosing Pott & Strohbehn
Litigation, Legal Ethics
501 W Broadway A380
San Diego , CA 92101-3584
Email: dmajchrak@rosinglaw.com
Thomas Jefferson School of Law
David practices in the areas of legal ethics and litigation of professional liability claims.
Dan Lawton
Partner
Klinedinst PC in San Diego
501 W Broadway #1100
San Diego , CA 92101
Phone: (619) 400-8000
Email: dlawton@klinedinstlaw.com
Georgetown Univ Law Center
The views expressed here are his own.
You represented your client from the beginning of a dispute to the very end. You obtained a result that, while not an outright victory, was still acceptable to the client. It was signed and sealed. Now, the client has buyer's (or seller's) remorse and believes that you should have advised against the deal. The client may be saying that you did not properly assess the case for settlement purposes, or that you did not adequately communicate the pros and cons of the sett...
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