January 01, 2018 Jurisdiction

Roadblocks: The Court's Jurisdiction or Authority to Act

By: Kathleen A. Hogan

Many of the articles in this issue focus on creative ways to break down or work through various roadblocks that may be encountered in the course of legal representation and a legal proceeding. However, when the roadblock arises from the court’s lack of jurisdiction, there will be occasions when attempting to avoid or ignore the roadblock will not be successful and may ultimately raise professional liability concerns.

If a jurisdictional roadblock is suspected, it will first be imperative to identify whether the concern relates to personal jurisdiction over one of the parties to the proceeding or contemplated proceeding or whether the roadblock relates to the subject matter jurisdiction of the court.

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