Holding that a motion to dismiss that relies on an entire-controversy defense not appearing on the face of the complaint must be denied without prejudice or converted to a motion for summary judgment under Federal Rule of Civil Procedure 12(d)
Holding that “allowing the statute of limitations to run on the client's claim” is an example of obvious malpractice that does not require expert testimony to establish a standard of care
Stating that modifications to an attorney-client contract are "presumptively invalid" and that the burden is on the attorney "to demonstrate the fairness of the contract"