Legal Counsellor
Winter 2009                                      


Welcome to LUCAS and CAVALIER, LLC

This issue overviews several remarkable cases concerning the recoverability of counsel fees.  Additionally, we attempt to provide some practical guidance for jury trial presentation with the aid of technology.  We would also like to acknowledge our partner, Matthew S. Marrone was recently appointed Chair for the Defense Research Institute, Professional Liability Committee and a relevant article is included.

We are sure you will enjoy this publication and encourage you to share it with others.

Robert M. Cavalier,

Managing Partner

Robert CavalierRecoverability Of Counsel Fees In New Jersey Insurance Coverage Dispute

By: Robert M. Cavalier

      A State Appellate Court in New Jersey recently held an insured who prevailed on the merits of its coverage litigation in New Jersey was also entitled to recover attorney's fees for a related, albeit earlier filed, declaratory judgment action in Illinois federal court.  This case of first impression represents an interesting extension of Rule 4:42-9(a)(6).  Full Story
Matthew S. Marrone

  E&O Claim Reporting: The "Potential" Problems

By:  Matthew S. Marrone


               To paraphrase Abraham Lincoln, you can please some people all of the time, and all people some of the time, but you can’t please all people all of the time. In a client-based profession, these words will always ring true.  From insurance producers to attorneys, and all professions in between, we will inevitably have clients who are disappointed with some aspect of the service we have provided - justifiably or not.  "The insurance coverage should have been more comprehensive."  "The case settlement should have been more favorable."  "Your service shouldn't have cost so much."  As professionals, we must accept that our clients will not always be pleased, or even recognize the extent of our efforts to achieve the result obtained.  Full Story

Volume 2  Issue: 1
In This Issue
Recoverability Of Counsel Fees In New Jersey
E&O Claim Reporting: The "Potential" Problems
Ruling Precludes Recovery of Defendant's Fees
The Evidence of a New Generation in Pennsylvania


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Dan Strick


Ruling Precludes Recovery of Defendant's Fees Under
New Jersey's Offer of Judgment Rule

Daniel S. Strick


      A recent New Jersey Supreme Court's decision finds a defendant can never recover counsel fees pursuant to an unaccepted offer of judgment in cases involving most fee-shifting statutes. However, a judge may consider a plaintiff's unreasonable rejection of an offer of judgment in calculating plaintiff's award under such a statute. The court also concluded the plaintiff may be entitled to recover counsel fees incurred after the unaccepted offer of judgment.  The court's ruling in Best v. C&M Door Controls, Inc., --- N.J. ---, 2009 N.J. Lexis 1000 (Oct. 14, 2009) attempts to resolve prior confusion in New Jersey relating to offers of judgment.  Full Story
Jordan S. Tafflin
The Evidence of a New Generation in Pennsylvania 

By:  Jordan S. Tafflin      

          With each technological advancement, the practice of law becomes more sophisticated and, commensurate with this progress, the legal system must adapt. New technological advancements in computer software, scene mapping equipment, crash data retrieval systems, information databases, and a host of other products have become commonplace in today's society.  The two questions asked by "people in the know" in the legal profession are: "Can I use computer animated accident reconstruction evidence (or a computer-generated animation (CGA)) at trial and, if so, what procedures must I follow so the Court will deem this evidence admissible?"    Full Story

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