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Fox Rothschild LLP is facing pushback in a New Jersey state court as two siblings, Doreen Fernandez and Dawn Taffuri, argue the firm’s attempt to dismiss their malpractice claims is premature. The siblings allege that Jerome A. Deener, a lawyer now employed by Fox Rothschild, mishandled their late stepfather’s 1984 property deed and 1993 trust, depriving them of a valuable land parcel.

Allegations of Legal Malpractice

Fernandez and Taffuri claim Deener’s alleged negligence led to their stepfather’s biological children being mistakenly recorded as owners of a 2.52-acre property. This land, which hosts an income-generating parking lot for a medical center, was previously leased to the sisters and their mother. After their mother’s passing in 2016, a title search revealed the ownership discrepancy, resulting in the medical center securing a quitclaim deed from the stepfather's biological children in 2020.

The medical center subsequently sued Fernandez and Taffuri, seeking a declaratory judgment that the siblings had no rightful claim to the property. The sisters retained Fox Rothschild and Deener in 2023 to investigate the alleged error, leading to their malpractice suit when the situation remained unresolved.

Fox Rothschild’s Dismissal Efforts

Fox Rothschild moved to dismiss the lawsuit in October, asserting that the firm had no professional relationship with the plaintiffs during the period when the alleged errors occurred. The firm argued that its limited involvement with the sisters in 2023 did not establish a duty of care to support a malpractice claim. The court converted the dismissal motion into a summary judgment motion.

In their opposition filed Nov. 27, Fernandez and Taffuri contended that Fox Rothschild failed to address key allegations in their complaint, particularly regarding the firm’s 2023 retainer agreement. They maintain that Deener and the firm breached their duty by failing to provide adequate legal support under this agreement, including Deener’s refusal to provide a certification about the trust and deed during related litigation.

Key Points of Contention

While Fernandez and Taffuri acknowledged that the main allegations focus on Deener’s actions before joining Fox Rothschild, they argue this does not absolve the firm of liability for its work in 2023. The siblings assert that their claims involve breaches of the firm’s retainer agreement and professional obligations.

“There are material issues of fact remaining,” the siblings stated, insisting it is too early for the court to grant summary judgment in Fox Rothschild’s favor.