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Complex Civil Litigation
- LEGA MALPRACTICE ATTORNEY IN BERGEN (HACKENSACK), PASSAIC (PATERSON) AND MORRIS (MORRISTOWN) COUNTIES: LAW FIRM SANCTIONED FOR ACCUSING ADVERSARY OF LYING
- LIQUOR LAW LIABILITY/DRAMSHIP ATTORNEY IN BERGEN (HACKENSACK), PASSAIC (PATERSON) AND MORRIS (MORRISTOWN) COUNTIES: TRIAL COURT'S DECISION TO DISMISS PLAINTIFF'S CLAIM FOR FAILURE TO PRODUCE EXPERT WITNESS REVERSED
- LEGAL MALPRACTICE ATTORNEY IN BERGEN (HACKENSACK), PASSAIC (PATERSON) AND MORRIS (MORRISTOWN) COUNTIES: NO DUTY OWED TO POTENTIAL BENEFICIARY UNDER STEP-MOM'S WILL WHOSE INTEREST ARE ADVERSE TO DECENDENT'S ESTATE
- LEGAL MALPRACTICE ATTORNEY IN BERGEN (HACKENSACK), PASSAIC (PATERSON) AND MORRIS (MORRISTOWN) COUNTIES: LAWYER RECEIVED REPRIMAND FOR SUING A CLIENT IN AN EFFORT TO BE RELIEVED AS TRIAL COUNSEL
- LEGAL MALPRACTICE LAWYER IN BERGEN (HACKENSACK), PASSAIC (PATERSON) AND MORRIS (MORRISTOWN) COUNTIES: REPRIMAND FOR LAWYERS WHO INDENTIFIED WIFE AS A BENEFICIARY IN CLIENT'S WILL
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Complex Civil Litigation
- An article addressing Alternative Theories of Liability to Overcome the “No Duty to Control the Conduct of Another” Rule authored by Frank T. Luciano, Esq., an experienced litigation attorney whose office is located in Lodi. Mr. Luciano has represented numerous clients in litigation cases for over thirty years. He works in Bergen (Hackensack, Ridgewood, Saddle River, Woodcliff Lake, Closter, Englewood, Fair Lawn), Passaic (Passaic, Paterson, Wayne, Totowa), Hudson (Jersey City, Union City, Hoboken), Morris (Morristown, Long Valley) and Essex (Newark) Counties.
- NEW JERSEY CONSUMER FRAUD LAWYER IN BERGEN, PASSAIC AND MORRIS COUNTIES: THE ENFORCEABILITY OF OF AN ARBITRATION CLAUSE IN A CONSUMER FRAUD CASE
- LEGAL MALPRACTICE ATTORNEY IN BERGEN, PASSAIC AND MORRIS COUNTIES: CAN A CLIENT SUE AN ATTORNEY FOR AN IMPROVIDENT SETTLEMENT?
- CONSTRUCTION LAW IN BERGEN AND PASSAIC COUNTIES: THE DOCTRINE OF EQUITABLE SUBROGATION
- LEGAL MALPRACTICE LAW IN BERGEN AND PASSAIC COUNTIES: CAN A LAW FIRM BE HELD VICARIOUSLY RESPONSIBLE FOR THE ACTS OF ITS INDEPENDENT CONTRACTOR?
Complex Civil Litigation
Legal Malpractice in New Jersey an Unauthorized Settlement
The law in New Jersey states rather clearly that an attorney has the authority to settle a case on behalf of his/her client. If settlement agreement is reached by the attorneys, that agreement is binding and enforceable against the client irrespective of whether the attorney received the actual authority to settle a case from the client.
On many occasions a client will have second thoughts about the terms of a settlement and will seek to undo what had been done by his/her attorney, by claiming that a settlement was never authorized. Despite this contention courts will ordinarily deny an application to set aside a settlement. In that case, a client’s recourse is against the attorney in a legal malpractice action.
Clearly, in order to obviate a controversy of this nature, an attorney should always have the client present when the settlement is presented to the court to confirm its terms or the settlement should be conditioned on the client’s written approval.
Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County, with over thirty years of experience, who specializes in complex civil litigation, including legal malpractice, construction claims, wrongful death actions, wills and estate contests and liquor law liability cases.
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Frank T. Luciano, PC
147 Main Street, Suite 5
Lodi, NJ 07644
Phone: (973) 471-0004
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