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Whether an Arizona Lawyer Owes You a Duty

In Paradigm Ins. Co. v. Langerman Law Offices, 24 P.3d 593, 200 Ariz. 146 (Ariz. 2001), insurance company Paradigm chose attorney Langerman to provide an insurance defense to a doctor who had been sued.  Langerman was negligent, but her negligence only damaged the insurer, not the doctor and the insurer sued her for malpractice. Id. at pp. 594-96. Langerman obtained…

What Is a Fiduciary Duty That Your Attorney Owes to You?

The Restatement and a leading treatise state that in every state in the union including Arizona, attorneys have recognized fiduciary duties to their clients. (See, Legal Malpractice Litigation at 4-4, Entrekin, Bloomberg BNA 2018; Restatement of Law (Third) Governing Lawyers, Section 16(3)). Arizona Attorneys’ Fiduciary Duties to their Clients These duties include a duty to deal honestly with their clients…

Proving Lost Profits in Arizona Legal Malpractice Cases

Sometimes, an Arizona lawyer’s negligence causes a client’s business to lose sales.  There are a specific set of rules governing proof of lost profits. The first question is whether this is a new business with no profits yet or whether it is an existing business with a record of sales.  It is possible to recover lost profits for a new…

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