Litigation Privilege Doesn't Block Malpractice Claims, Court Says

Law360, New York (October 9, 2012, 4:52 PM EDT) -- The litigation privilege can't shield an attorney against client malpractice claims when the attorney has been accused of breaching legal standards, a New Jersey appeals court ruled Tuesday, partially reviving a lawyer's suit against his counsel in underlying litigation over an allegedly mishandled bankruptcy.

Client William C. Buchanan — also an attorney — sued Jeffrey Leonard and his firm, Morgan Melhuish Arbrutsyn, over their representation of him against his own former clients, who claimed he had filed deficient Chapter 13 pleadings on their behalf, costing them...
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