Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
AROUND THE FIRMS
Former Attorney Cannot Sue Counsel Who Takes Over a Case. US District Judge Berle M. Schiller of the Eastern District of Pennsylvania presented a seven-page opinion declaring that because a lawyer's withdrawal from a case severs the attorney-client relationship, an attorney who then assumes the case and obtains a settlement cannot be subjected to a lawsuit for part of the fee; nor can the new attorney be sued for intervention in the former lawyer's relationship. Frederick v. Davitt, No. 02-8263. Also, after discovering their contingent fee agreement's ubiquitously worded arbitration clause, which called for any fee debate's mediation, Judge Schiller dismissed the former attorneys' claims against the client.
Attorney Kathleen Frederick along with the law firm Cureton Caplan brought the case. In their suit against former client Patricia Davitt, Richard J. Orloski, the client's new attorney, was subjected to claims of tortious interference, quasi-contract, negligent misrepresentation and quantum meruit. Court papers state that Ms. Frederick, along with lawyer Thomas Hunt, filed a discrimination suit on Ms. Davitt's and her co-worker's behalf. However, when a global settlement offer was made by the defendant, it was rejected by Ms. Davitt but accepted by her co-worker. It was then that the attorneys withdrew from the case, resulting in Ms. Davitt representing herself.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.