OTHERWISE: New Jersey Supreme Court Denies Cert in Transactional Malpractice Case | New Jersey Law Journal
One of the most irritating defenses in legal malpractice case is the "scrivener" argument. The usual form is that a "sophisticated businessman" dictated the terms and "I just wrote it up". But we owe a duty of competence and diligence to make an independent assessment regarding the legal consequences of contract language, including the duty to make sure that the client understands the agreement and how it matches up with his objectives. In Cottone v, Fox Rothschild the Appellate Division of the Superior Court of New Jersey confronted the question and reversed a grant of summary judgment to defendant law firm Fox Rothschild.
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TORTS TODAY - course materials & news for Torts, Business Torts, Product Liability, and Remedies students of George Conk at Fordham Law School gconk@law.fordham.edu
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