https://www.law.com/thelegalintelligencer/2024/03/22/pa-court-revives-contract-claims-against-2-lawyers-accused-of-providing-ineffective-counsel/
Credit: kamiphotos – stock.adobe.com
NEWS
“The agreement is for you to do the job at a professional standard. I don’t think that’s a surprise,” Ellen Brotman said. “It sounds like the attorneys here had a creative argument about why that isn’t so or wasn’t so in this case, and the court didn’t accept it.”
March 22, 2024 at 05:00 AM
3 minute read
What You Need to Know
- The Superior Court reversed the dismissal of a man’s breach of contract claims against his former criminal defense attorneys.
- The court ruled that the lower court improperly applied the gist of the action doctrine to dismiss the plaintiff’s claims.
- The court held that lawyers have an implicit duty to perform their work in a professional manner.
The Pennsylvania Superior Court revived a lawsuit against two criminal defense attorneys Thursday.
The three-judge panel held that the trial court had wrongly used the gist of the action doctrine to recharacterize the plaintiff’s breach of contract claim against his former lawyers as a tort claim.
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