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re: One of our departed posters assured me that all Lawyers were certainly smarter

Posted on 2/16/24 at 10:23 am to
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99409 posts
Posted on 2/16/24 at 10:23 am to
quote:

Post judgment, plaintiff gets assignment of rights from defendant and sues both the insurer and the law firm. The law firm. This is not a failure to settle case, as there was never a chance to settle the case against the driver.


This is why Rule 11 exists (it will be removable to federal court).
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81790 posts
Posted on 2/16/24 at 10:29 am to
quote:

it will be removable to federal court
I do not play in that sand box, so I have to ask, how will that work?
Posted by boosiebadazz
Member since Feb 2008
80466 posts
Posted on 2/16/24 at 2:27 pm to
quote:

and the law firm


Insurer had the duty protect the insured from an excess. Surely the lawyer would be peppering the file with letters. Possibly even advising the insured to get independent counsel.

It’s not malpractice if you advise your client properly and they still get trounced. It’s rarely malpractice if you advise them at all and still get trounced.


But now I’m sorry I missed the facts before the edit. Sounds interesting.
This post was edited on 2/16/24 at 2:32 pm
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