Many seasoned attorneys in practice today were not yet admitted to the bar when the Supreme Court held, in 1995, that the entire controversy doctrine (ECD) barred a legal malpractice action because it wasn’t commenced during the very proceeding in which the attorney represented the client and committed the alleged malpractice. If you had been admitted when Circle Chevrolet was decided, see Circle Chevrolet Co, v Giordano, Halleran & Ciesla, 142 N.J. 280 (1995), you will never forget the consternation it caused. But the concerns dissipated just two years later when the court decided Olds v Donnelly, 150 N.J. 424 (1997), which held that the ECD did not require a client to file the malpractice action in the underlying action in which the attorney represented the client. The ECD otherwise remained an important part of our procedural jurisprudence designed to avoid piecemeal litigation and unnecessary resources, while promoting judicial efficiency and reduction of delay in adjudicating cases.

The principle as it applies to legal malpractice actions is not dead, however, and the recent Supreme Court opinion in Dimitrakopoulos v Borrus, Golden, Foley, Vignuolo, Hyman & Stahl, decided on March 7, 2019, reminds us of the need to remain vigilant from the point of view of both client and practitioner.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]