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11 Pennsylvania opinions name it 3 courts 1997–2022 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Banks v. Jerome Taylor & Associatesgreen2 sentences2019See also Banks v. Jerome Taylor & Assoc., 700 A.2d 1329, 1332 (Pa.Super.1997) (where dissatisfied litigant merely wishes to second guess decision to settle due to speculation he may have been able to “get a better deal,” Muhammad rule applies to bar litigant from suing counsel for negligence). 2016See Banks, 700 A.2d at 1332 (the Muhammad rule does not bar a client from suing his counsel for negligence where the settlement agreement is legally deficient or where counsel fails to explain the effect of a legal document) (citations omitted). | 3 | 4 |
McMahon v. Sheagreen2 sentences2019Compare Martos v. Concilio, 427 Pa.Super. 612 , 629 A.2d 1037 (1993) (client displeased with results of settlement agreement could not sue attorney for malpractice absent allegations of fraudulent inducement) with McMahon v. Shea, 547 Pa. 124 , 688 A.2d 1179 (1997) (holding Muhammad rule did not apply to divorce settlement where counsel allegedly failed to advise client of legal ramification of settlement) and Collas v. Garnick, 425 Pa.Super. 8 , 624 A.2d 117 (1993) (counsel who negligently advised personal injury clients that signing general release did not bar future lawsuits against other p 2019Compare Martos v. Concilio, 427 Pa.Super. 612 , 629 A.2d 1037 (1993) (client displeased with results of settlement agreement could not sue attorney for malpractice absent allegations of fraudulent inducement) with McMahon v. Shea, 547 Pa. 124 , 688 A.2d 1179 (1997) (holding Muhammad rule did not apply to divorce settlement where counsel allegedly failed to advise client of legal ramification of settlement) and Collas v. Garnick, 425 Pa.Super. 8 , 624 A.2d 117 (1993) (counsel who negligently advised personal injury clients that signing general release did not bar future lawsuits against other p | 2 | 3 |
White v. Kreithengreen2 sentences2020It is clear, therefore, that Banks is dissatisfied with the amount of his settlement and is utilizing the claim of legal malpractice as a vehicle to vent his frustration.”) with Kilmer, 146 A.3d at 1279-80 (“[T]he Muhammad decision is inapposite to the present action, which focuses not on [the attorney’s] professional judgment in negotiating a settlement— indeed, he was no longer [the client’s] attorney when [the client] challenged the Final Accounting and ultimately settled—but on his failure to advise her correctly on the law pertaining to her interest in her late husband’s estate.”); White 2020It is clear, therefore, that Banks is dissatisfied with the amount of his settlement and is utilizing the claim of legal malpractice as a vehicle to vent his frustration.”) with Kilmer, 146 A.3d at 1279-80 (“[T]he Muhammad decision is inapposite to the present action, which focuses not on [the attorney’s] professional judgment in negotiating a settlement— indeed, he was no longer [the client’s] attorney when [the client] challenged the Final Accounting and ultimately settled—but on his failure to advise her correctly on the law pertaining to her interest in her late husband’s estate.”); White | 2 | 2 |
Kilmer, J. v. Sposito, J.green2 sentences2020It is clear, therefore, that Banks is dissatisfied with the amount of his settlement and is utilizing the claim of legal malpractice as a vehicle to vent his frustration.”) with Kilmer, 146 A.3d at 1279-80 (“[T]he Muhammad decision is inapposite to the present action, which focuses not on [the attorney’s] professional judgment in negotiating a settlement— indeed, he was no longer [the client’s] attorney when [the client] challenged the Final Accounting and ultimately settled—but on his failure to advise her correctly on the law pertaining to her interest in her late husband’s estate.”); White 2020It is clear, therefore, that Banks is dissatisfied with the amount of his settlement and is utilizing the claim of legal malpractice as a vehicle to vent his frustration.”) with Kilmer, 146 A.3d at 1279-80 (“[T]he Muhammad decision is inapposite to the present action, which focuses not on [the attorney’s] professional judgment in negotiating a settlement— indeed, he was no longer [the client’s] attorney when [the client] challenged the Final Accounting and ultimately settled—but on his failure to advise her correctly on the law pertaining to her interest in her late husband’s estate.”); White | 2 | 2 |
Collas v. Garnickgreen2 sentences2019Compare Martos v. Concilio, 427 Pa.Super. 612 , 629 A.2d 1037 (1993) (client displeased with results of settlement agreement could not sue attorney for malpractice absent allegations of fraudulent inducement) with McMahon v. Shea, 547 Pa. 124 , 688 A.2d 1179 (1997) (holding Muhammad rule did not apply to divorce settlement where counsel allegedly failed to advise client of legal ramification of settlement) and Collas v. Garnick, 425 Pa.Super. 8 , 624 A.2d 117 (1993) (counsel who negligently advised personal injury clients that signing general release did not bar future lawsuits against other p 2019Compare Martos v. Concilio, 427 Pa.Super. 612 , 629 A.2d 1037 (1993) (client displeased with results of settlement agreement could not sue attorney for malpractice absent allegations of fraudulent inducement) with McMahon v. Shea, 547 Pa. 124 , 688 A.2d 1179 (1997) (holding Muhammad rule did not apply to divorce settlement where counsel allegedly failed to advise client of legal ramification of settlement) and Collas v. Garnick, 425 Pa.Super. 8 , 624 A.2d 117 (1993) (counsel who negligently advised personal injury clients that signing general release did not bar future lawsuits against other p | 2 | 2 |
Martos v. Conciliogreen2 sentences2019Compare Martos v. Concilio, 427 Pa.Super. 612 , 629 A.2d 1037 (1993) (client displeased with results of settlement agreement could not sue attorney for malpractice absent allegations of fraudulent inducement) with McMahon v. Shea, 547 Pa. 124 , 688 A.2d 1179 (1997) (holding Muhammad rule did not apply to divorce settlement where counsel allegedly failed to advise client of legal ramification of settlement) and Collas v. Garnick, 425 Pa.Super. 8 , 624 A.2d 117 (1993) (counsel who negligently advised personal injury clients that signing general release did not bar future lawsuits against other p 2019Compare Martos v. Concilio, 427 Pa.Super. 612 , 629 A.2d 1037 (1993) (client displeased with results of settlement agreement could not sue attorney for malpractice absent allegations of fraudulent inducement) with McMahon v. Shea, 547 Pa. 124 , 688 A.2d 1179 (1997) (holding Muhammad rule did not apply to divorce settlement where counsel allegedly failed to advise client of legal ramification of settlement) and Collas v. Garnick, 425 Pa.Super. 8 , 624 A.2d 117 (1993) (counsel who negligently advised personal injury clients that signing general release did not bar future lawsuits against other p | 2 | 2 |
Miller v. Berschlergreen2 sentences1997For example, a panel of this court in Miller v. Berschler, 423 Pa.Super. 405 , 621 A.2d 595 (1993), applied the Muhammad rule to bar a client from maintaining a legal malpractice action against his attorney where the client alleged that his attorney negligently failed to inform him of the necessity of a cohabitation provision in a settlement agreement for termination of alimony liability. 1997For example, a panel of this court in Miller v. Berschler, 423 Pa.Super. 405 , 621 A.2d 595 (1993), applied the Muhammad rule to bar a client from maintaining a legal malpractice action against his attorney where the client alleged that his attorney negligently failed to inform him of the necessity of a cohabitation provision in a settlement agreement for termination of alimony liability. | 1 | 2 |
Prande v. Bellgreen2 sentences2022One of the most head- 3 Muhammad, 587 A.2d at 1348-49 . 4 See Prande, 660 A.2d at 1064 (“It is unlikely that attorneys will stop recommending settlements out of concern over possible malpractice suits, because settlements are still in the best interests of the clients.”). 2022One of the most head- 3 Muhammad, 587 A.2d at 1348-49 . 4 See Prande, 660 A.2d at 1064 (“It is unlikely that attorneys will stop recommending settlements out of concern over possible malpractice suits, because settlements are still in the best interests of the clients.”). | 1 | 1 |
Commonwealth v. Johnson-Danielsgreen1 sentence2017See Trial Court Opinion, 12/5/16, at 5-7; see also Commonwealth v. Johnson-Daniels, 2017 PA Super 209, **6-7 (Pa. Super. 2017) (concluding that the trial court did not abuse its discretion in denying the defendant’s pre-sentence motion to withdraw guilty plea where defendant filed the motion on the day of sentencing and his assertion of innocence was implausible). | 1 | 1 |
Commonwealth v. Thompsongreen1 sentence2017See id. | 1 | 1 |
Commonwealth v. Lopezgreen1 sentence2015Muhammad, 599 WDA 2014, slip op. at 4. 3 See Commonwealth v. Lopez, 51 A.3d 195, 197 (Pa. 2012) (J. | 1 | 1 |
McMahon v. Sheagreen2 sentences1997See McMahon v. Shea et al., 441 Pa.Super. 304, 310-12 , 657 A.2d 938, 941 (1995) (en banc). 1997See McMahon v. Shea et al., 441 Pa.Super. 304, 310-12 , 657 A.2d 938, 941 (1995) (en banc). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Muhammad v. Strassburger, McKenna, Messer, Shilobod & Gutnick
green
2 sentences2022One of the most head- 3 Muhammad, 587 A.2d at 1348-49 . 4 See Prande, 660 A.2d at 1064 (“It is unlikely that attorneys will stop recommending settlements out of concern over possible malpractice suits, because settlements are still in the best interests of the clients.”). 2022One of the most head- 3 Muhammad, 587 A.2d at 1348-49 . 4 See Prande, 660 A.2d at 1064 (“It is unlikely that attorneys will stop recommending settlements out of concern over possible malpractice suits, because settlements are still in the best interests of the clients.”). | 2 | 2015–2022 |
Commonwealth v. Lark
green
1 sentence2016Finally, we note that we agree with Muhammad’s analysis of Commonwealth v. Lark, 746 A.2d 585 (Pa. 2000),2 and that his petition was timely filed. | 1 | 2016–2016 |
Sokolsky v. Eidelman
green
2 sentences2015Sokolsky, supra. Next, Silvagni argues that the trial court committed an error of law in granting summary judgment under the Muhammad doctrine when the trial court had previously denied Defendants’ preliminary objections. 2015Sokolsky, supra. Next, Silvagni argues that the trial court committed an error of law in granting summary judgment under the Muhammad doctrine when the trial court had previously denied Defendants’ preliminary objections. | 1 | 2015–2015 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.