On Tuesday 2004-12-21 21:01, Craig White wrote: > ---- > Excuse my ignorance...I am not a lawyer and have made only limited > efforts to understand narrow aspects of the law. > > If you get an opinion from a lawyer and it turns out that you act on > that opinion and are sued and lose, does that automatically constitute > malpractice and thus, you can make claim against that lawyers > malpractice insurance? > > My understanding is that you would have to prove that the advice given > by the lawyer actually constituted malpractice and that if the lawyer's > advice hedged in some area that ultimately proved to be significant, > this might prove extremely difficult to collect. Thus the concept of > buying a $1 or $3 or $50 million opinion based upon potential recovery > of damages from malpractice insurance is possibly theoretical and not > guaranteed. Rarely are these issues so black and white where the advice > given obviously constitutes malpractice. > > I believe you when you state that your company contracted for an outside > opinion but is is possible that the outcome of all potential litigation > in that matter was guaranteed by his malpractice insurance? I don't > recall getting any guarantees from a lawyer about anything except death > and taxes. > > Craig > Also, as any physician will be happy to point out, attorneys are loathe to sue other lawyers. It basically NEVER happens. Q) Why don't sharks eat other sharks? --------------------------------------------------- PLUG-discuss mailing list - PLUG-discuss@lists.plug.phoenix.az.us To subscribe, unsubscribe, or to change you mail settings: http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss