Sklodowsky v. Lushis, Superior Court of New Jersey, Appellate Division, A-3918-09T3, Decided February 2, 2011

The critical factor in determining whether to apply the entire controversy doctrine is "judicial fairness."

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

Case Law Alert - 2nd Qtr 2011