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Wednesday, February 2, 2011

PAUL G. SKLODOWSKY v. JOHN F. LUSHIS, JR., ESQ. A-3918-09T3

PAUL G. SKLODOWSKY v. JOHN F. LUSHIS, JR., ESQ. A-3918-09T3 2-02-11

The entire controversy doctrine does not require a client to assert legal malpractice claims against his or her attorney in this action, which arose from the attorney's alleged negligent advice, even though the attorney is a party to that action. Furthermore, if the doctrine could be applied in such a case, it would not be fair to do so here because the assertion of the legal malpractice claims in the underlying action would have further compromised an already strained attorney-client relationship and prejudiced the parties' ability to advance their respective interests in that lawsuit.