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Articles Posted in Malpractice

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A Practical Guide to Presenting and Defending a Spoliation of Evidence Case

By Michael F. Pezzulli and Charles J. Fortunato 2016 American Bar Association Annual Meeting, Tort & Insurance Section Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem. What is spoliation of…

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The Self-Defense Exception to the Attorney’s Ethical Obligation to Maintain Client Confidences

by Michael F. Pezzulli Attorney-Client Privilege in Civil Litigation, 2nd Edition 1997 – American Bar Association Analysis of the attorney’s obligations and rights relating to attorney client privilege when sued. Attorneys operate under a broad ethical mandate not to disclose client confidences. This ethical obligation can apply to communications made…

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