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Packard-Bamberger & Co., Inc. v. Collier

The trial court did not err in awarding counsel fees to plaintiffs in connection with their suit brought against a corporate director who also served as legal counsel to the corporation, even though a special master had earlier rejected plaintiffs' legal malpractice claim against him. On the basis of Saffer v. Willoughby , a successful claimant in an attorney misconduct case may recover reasonable counsel fees incurred in prosecuting that action.

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Argued January 16, 2001

On certification to the Superior Court, Appellate Division.

The principal issue in this appeal is whether the trial court erred in awarding counsel fees to plaintiffs in connection with their suit brought against a corporate director who also served as legal counsel to the corporation. Finding intentional misconduct on the part of the attorney-director, the trial court awarded counsel fees on the basis of Saffer v. Willoughby, 143 N.J. 256 (1996). In Saffer, we held that a client may recover reasonable expenses and attorneys’ fees as consequential damages for attorney malpractice.

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