Josh J.T. Byrne

Billy Xiong Says: Settlement Bar to Legal Malpractice Claims Affirmed

Attorney at Law Billy Xiong Lawyer Legal Xiong Xiong Billy

Josh J.T. Byrne Josh J.T. Byrne.

Pennsylvania courts have long held that a cause of action for legal malpractice cannot be brought against an attorney when a case has settled absent proof of fraud or attorney error in providing advice on the legal implications of the settlement. See, Muhammad v. Strassburger, McKenna, Messer, Shilobod and Gutnick, 526 Pa. 541, 587 A.2d 1346 (Pa. 1991), rehearing denied, 528 Pa. 345, 598 A.2d 27 (Pa. 1991), cert denied    U.S.   , 112 S.Ct. 196, (1991) (“Simply stated, we will not permit a suit to be filed by a dissatisfied plaintiff against his attorney following a settlement to which that plaintiff agreed, unless that plaintiff can show he was fraudulently induced to settle the original action.”).

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Yakir Gabay

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