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Nicole M. Ehrhart

Shareholder
100 Corporate Center Drive
Suite 201
Camp Hill, PA 17011
(717) 651-3512
(717) 651-3707 - Fax
NMEhrhart@mdwcg.com

Nicole is a member of the firm's Professional Liability Department where she devotes a significant portion of her practice to the representation and defense of professionals in claims and suits brought against them in federal and state courts throughout Pennsylvania. She regularly represents the interests of attorneys, architects, engineers, land surveyors, real estate professionals, including agents, brokers, appraisers, home inspectors and insurance agents and brokers.  Nicole also regularly provides advice and counsel to attorneys in best practices in order to avoid legal malpractice and professional negligence claims. Because many legal malpractice suits have a basis in underlying actions, Nicole has developed a wide range of understanding in real estate, contracts, design defects, divorce proceedings, estate administration, personal injury and business transactions.

Nicole also defends attorneys with respect to civil rights claims and intentional claims for wrongful use of civil proceedings and defamation actions.  In cases where a lawsuit has not yet been filed, Nicole has advised clients in a claims avoidance and/or mitigation capacity, including navigating through conflicts of interest that may arise through the course of a lawyer's representation. 

As a member of the Pennsylvania Bar Association's sub-committee on Professional Responsibility and Ethics, Nicole has served as a speaker on professional ethics and malpractice avoidance at local county bar association functions and conferences.

In 2005, Nicole earned her juris doctor from Widener University School of Law graduating in the top 15% of her class. While in law school, she was a member of the Moot Court Honor Society as well as the Trial Advocacy Honor Society. Nicole also participated in the Regional National Appellate Advocacy Competition and the Harrisburg Civil Law Clinic.

Significant Representative Matters

  • Obtained defense verdict in legal malpractice action involving orphans court litigation resulting in alleged loss of damages in excess of $450,000.  

  • Obtained summary judgment in favor of an attorney wherein Plaintiff claimed violations of the Pennsylvania Uniform Fraudulent Transfer Act, conversion, conspiracy, aiding and abetting breach of fiduciary duty and fraud related to our client's representation of another party in an underlying sale of a marital residence.

  • Obtained a non-suit at the close of plaintiffs' case in a legal malpractice jury trial in York County, Pennsylvania involving third-party beneficiaries.  After three days of trial, the Court agreed that despite the presentation of very contentious arguments by plaintiffs, their witnesses and their expert, the plaintiffs had not satisfied their burden of proof.

  • Obtained summary judgment in a complex legal malpractice action wherein Plaintiff retained our attorney client to represent her in a Workers' Compensation indemnity claim pertaining to a purported carbon monoxide exposure and poisoning.  Plaintiff alleged a host of errors committed during our client's representation and we were able to successfully argue that all of Plaintiff's claims were based upon speculation.

  • Obtaining summary judgment in a case wherein all of plaintiff's allegations arose out of our attorney client's representation of plaintiff in a petition for contempt wherein our client was faced with not only plaintiff's admission that she had violated the court's order and allowed other individuals to violate the court's order, but photographic evidence of plaintiff violating the court's order.  

  • Obtained a 12(b)(6) dismissal with prejudice of a solicitor defendant in a multi-party civil rights lawsuit pursuant to 42 U.S.C. §1983 for the alleged violation of plaintiff's First and Fourth Amendment Rights.

  • Obtained summary judgment in a case filed in the U.S. District Court for the Middle District of Pennsylvania.  The underlying case involved alleged violations of civil rights and allegations of conspiracy among the defendants to deprive plaintiff from fair access to the judicial system in addressing an underlying domestic relation matters.

  • Obtained summary judgment on behalf of law firm defendant in a dispute which arose out of an underlying will contest by a disgruntled sibling who was excluded from a family member's Last Will and Testament.   

  • Obtained a complete dismissal of an attorney client on a motion to dismiss from  42 U.S.C. § 1983 civil rights action which consisted of a fourteen-count complaint against client.

Classes/Seminars Taught

  • Special Considerations in Representing Attorneys – Mitigating Lawyer Animus, PLDF Annual Conference, October 2018

  • Current Issues in Legal Malpractice Litigation and Malpractice Avoidance, Bucks County and Lancaster County Bench Bar Conferences, October 2015

  • Malpractice Avoidance Program, Pennsylvania Bar Association, Central Pennsylvania, 2013 through present.

  • Current Issues in Legal Malpractice Litigation and Malpractice Avoidance, Cumberland County Bar Association, June 2013

Published Works

  • Pennsylvania Legal Malpractice Handbook, 2017 Edition, Published by Marshall Dennehey Warner Coleman & Goggin, Co-author 

  • "My Attorney Told Me To … Opening the Door and Waiver of the Attorney-Client Privilege," Defense Digest, Vol. 22, No. 1, March 2016

  •  “Settling Party Beware: A Claim for Legal Malpractice Cannot Survive When a Plaintiff Knowingly Settles the Underlying Case,” Defense Digest, Vol. 21, No. 3, September 2015

  • "Superior Court Opens the Door for Plaintiffs To Recover Consequential Damages in Legal Malpractice Actions in Assumpsit," Defense Digest, Vol. 19, No. 1, March 2013

Education

  • Widener University School of Law, Wilmington, DE (J.D., 2005)
         Honors:  Member, Moot Court Honor Society
         Honors:  Member, Trial Advocacy Honor Society

  • Elizabethtown College, Elizabethtown, PA (B.S., 2001)
         Honors:  cum laude
         Major:  Biology

Articles October 2, 2017
Please feel free to download the PA Legal Malpractice Handbook - 2017 Edition, found at the below link.  
Defense Digest Article March 1, 2016
By Nicole M. Ehrhart, Esq.* Key Points: The attorney-client privilege is the oldest of the privileges. A client can easily waive the privilege by placing the advice of counsel at issue in litigation.   The United States..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest Article September 1, 2015
By Nicole M. Ehrhart, Esq.* Key Points: Dissatisfaction is not a cause of action against one’s legal counsel. A litigant who merely wishes to second guess a decision based upon speculation of a better deal will have no recourse...., Defense Digest, Vol. 21, No. 3, September 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article March 1, 2013
By Nicole M. Ehrhart, Esq.*   Key Points: Superior Court expands damages in legal malpractice actions in assumpsit. Potential damages now may include actual losses sustained.   Albeit in a non-precedential decision, the..., Defense Digest, Vol. 19, No. 1, March 2013
Aug 30, 2017
Successfully defended an attorney in his individual capacity and in his capacity as executor of an estate. The plaintiff (the decedent’s son) had a verbal agreement to move into the decedent’s (his father’s) home and provide him...
Dec 6, 2016
The plaintiff was a former attorney and county commissioner who was indicted in the “Kids for Cash” scandal. A federal jury convicted the plaintiff of conspiracy to commit bribery, conspiracy to commit extortion under color of official...
January 3, 2018
Marshall Dennehey Warner Coleman & Goggin announced today that 14 associates and one special counsel have been elevated to shareholder, with 60 percent of the new shareholder class comprised of women. In Philadelphia, the new shareholders are: Lawrence J. Bartel, shareholder in the firm's...

Education

  • Widener University School of Law (J.D., 2005)
  • Elizabethtown College (B.S., cum laude, 2001)

Bar Admissions

  • Pennsylvania, 2005
  • U.S. District Court Eastern District of Pennsylvania
  • U.S. District Court Middle District of Pennsylvania
  • U.S. Court of Appeals 3rd Circuit
  • U.S. Supreme Court

Associations & Memberships

  • Dauphin County Bar Association
  • Pennsylvania Bar Association
  • York County Bar Association
  • Professional Liability Defense Federation, Vice Chair Design Professional Committee 2018-2019

Year Joined Organization: 2012

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