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PROCANIK v. CILLO

206 N.J. Super. 270 (1985)

502 A.2d 94

PETER PROCANIK, AN INFANT, BY HIS GUARDIAN AD LITEM, ROSEMARIE PROCANIK AND ROSEMARIE PROCANIK AND MICHAEL PROCANIK, INDIVIDUALLY, PLAINTIFFS, v. JOSEPH PETER CILLO, HERBERT LANGER, ERNEST P. GREENBERG, HAROLD A. SHERMAN, LEE S. GOLDSMITH, AND GREENSTONE, GREENSTONE & NAISHULER, A PROFESSIONAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided August 20, 1985.

Attorney(s) appearing for the Case

Myron W. Kronisch for plaintiff (Kronisch, Schkeeper & Miltz, attorneys).

Russell L. Hewit for defendants Joseph Peter Cillo, Herbert Langer and Ernest P. Greenberg (Dughi & Hewit, attorneys).

William J. Prout for defendant Harold A. Sherman (Tompkins, McGuire & Wachenfeld, attorneys).

Marc S. Friedman for defendant Lee S. Goldsmith (Kalb, Friedman & Siegelbaum, attorneys).

George Catlett for defendant Greenstone, Greenstone & Naishuler (Catlett & Knapp, attorneys).

BOYLE, J.S.C.

This case involves the pre-termination duties of an attorney who is a specialist in his field arising out of a legal malpractice claim within a medical malpractice suit. The primary issue is whether an attorney, a specialist in malpractice, has the duty, not only to advise his clients on the settled law, but whether he also has a duty to disclose to his clients, clearly and unmistakeably, an opinion held by him that the settled law is ripe for reconsideration...

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