Category: Trial Tactics

Attorneys and their clients must make strategic decisions during litigation whether to take certain actions that are available to them. Should you move for dismissal or answer the complaint? Should you seek more specific answers to written discovery, or just save your questions for a deposition? These are common questions that do not necessarily have a “right” answer. However, the Pennsylvania Supreme Court recently ruled that waiting too long to decide on a motion to recuse may result in the request being untimely.

In Lomas …

In a recent and ongoing case out of California, a successful attorney’s highly visible public profile may have contributed to a judge ordering the disclosure of the attorney’s personal financial records in relation to a malpractice action initiated against the attorney.  A Los Angeles plaintiff’s attorney was recently sued by 28 former clients, who allege that the attorney misappropriated more than $12.5 million of settlement funds.  The plaintiffs claim that their former attorney never informed them of the terms of the $17 million settlement agreement, …

e·gre·gious: adjective; outstandingly bad/shocking. In the malpractice context, egregious is used to describe conduct that is so extraordinary that it may violate the rules of Professional Conduct.  What is considered egregious can vary depending on the circumstances of the case and often is defined by the end result. Take for example the following case, where counsel’s egregious conduct resulted in a mistrial.  According to the court: “That word – egregious—is difficult to write, but nothing else seems adequate.”

The lawsuit arose from a motorcycle …