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Case Citations [1] (Fall 2024)

handle is hein.ali/rettlglyrs0068 and id is 1 raw text is: 





                           THE AMERICAN


                             LAW INSTITUTE




                                    Fall 2024 Citations






         THE LAw GOVERNING LAWYERS 3D




                  CHAPTER 2.   THE  CLIENT-LAWYER RELATIONSHIP

                      TOPIC  3. AUTHORITY TO MAKE DECISIONS

§ 20. A Lawyer's Duty to Inform and Consult with a Client

W.Va.App.2023.  Com. (c) quot. in sup. Former client filed a malpractice claim against attorney and law
firm that represented him in an underlying workers' compensation action. The trial court granted
defendants' motions to dismiss and for summary judgment, finding that plaintiff s negligence claim was
barred by the statute of limitations. This court affirmed, holding that defendants' alleged fraudulent
concealment of their potential malpractice from plaintiff did not toll the statute of limitations. The court
cited Restatement Third of the Law Governing Lawyers § 20 in explaining that a failure to inform a
client of a serious error might be sufficient to establish fraud in some cases, but, even if defendants did
not adequately inform plaintiff of the status of his workers' compensation claim, the Workers'
Compensation Office of Judges' decision denying his claim on the ground that he failed to present any
medical evidence was sufficient to put him on notice of his potential malpractice claim. Nichols v.
Maroney Williams Weaver & Pancake PLLC, 895 S.E.2d 492, 503.










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         For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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