Entire Controversy Doctrine gets another Death Blow in Legal Malpractice Cases

The NJ Law Journal Reports:

It’s been a decade and a half since the state Supreme Court proclaimed that disgruntled clients need not join malpractice claims against their lawyers in related litigation, but once in a while, the entire controversy doctrine long thought dead still rears its head. Fortunately for one former law client, and maybe this time for all others, the Appellate Division has rectified the problem in a published ruling that underscores the doctrine’s obsolescence. On Wednesday, in Sklodowsky v. Lushis, A-3918-09, the court said a Kingwood man can proceed with a suit against the Pennsylvania arm of Bridgewater’s Norris, McLaughlin & Marcus and a partner, John Lushis Jr., which a Hunterdon County judge had found barred by the joinder rule. The appeals court reinforced the injunction of Olds v. Donnelly, 150 N.J. 424 (1997), that the entire controversy doctrine “no longer compels the assertion of a legal-malpractice claim in an underlying action that gives rise to the claim.”


About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information and beating NYC parking tickets for the driving community in NYC

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