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Gilles v. Wiley, Malehorn & Sirota

The Appellate Division of the Superior Court of New Jersey

783 A.2d 756 (2001)

Relevant factsFree

Attorney Raynes and his firm (defendants) represented Gilles (plaintiff) for 21 months in a medical malpractice claim, eventually obtaining supporting expert testimony after initially advising her the claim couldn't proceed without it, but then terminated the representation by letter six months later -- around the time Gilles fell behind on fees -- instructing her to immediately find new counsel due to an approaching statute of limitations without specifying it was only weeks away. Gilles failed to secure new counsel in time, and her claim was time-barred; she sued for legal malpractice, and the trial court granted summary judgment for Raynes, prompting her appeal.

IssueFree

Whether an attorney seeking to voluntarily terminate a client relationship must take reasonably practicable steps to protect the client's interests and ensure that the termination does not have a materially adverse effect on the client.

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