A limited liability company (LLC) is a distinct entity and the lawyer for the LLC does not represent the members, absent evidence to the contrary, such as an engagement letter. Cafe Holdings, Inc. v. Burke, Warren, Mackay & Serritella, 2024 IL App (1st) 230091 discusses this case and holds that…
In Stogis v. Miller, 2024 Il App (1st) 230379 the Illinois Appellate Court affirmed the dismissal of a legal malpractice lawsuit. The lawsuit was dismissed by the trial court on two grounds, the statute of limitations had expired and that there was no attorney client relationship between the lawyer and…
I receive an email like this every month or so: “Hi I have a business law matter for which I need assistance. Kindly confirm if you are available to handle such matters. Thank you for your time and consideration. Please contact me via my personal email for more details” You…
One common complaint against an attorney is that the attorney did not negotiate an adequate settlement of the underlying case. In this fact pattern, Plaintiff hired Lawyer 1 to file a personal injury action. Plaintiff replaced Lawyer 1 with Lawyer 2 who (a) settled the personal injury case, and (b)…
In Anderson v. Law Offices of Benedict Schwarz, 2014 Il App (2d) 230308-U, the plaintiff sued her former attorney, alleging malpractice in a divorce case. Plaintiff alleged: “that the defendants failed to take appropriate measures to freeze or maintain accounts that she owned with her husband. Because the assets were…
Avoiding Malpractice Claims and Ethics Grievances for Family Law lawyers (Including 1 hour of Ethics)
Rodowicz v. Feldman, Perlstein & Greene, LLC 3:20-cv-00777 D. Conn. 2024 was a legal malpractice suit where the plaintiff claimed that he lost the underlying litigation (a breach of fiduciary duty by a trustee case) because of his lawyers’ negligence. He had no expert and summary judgment was granted in…
In Jackson v. Law Offices of Peter Sverd, PLLC, 2024 NY Slip Op 30413 (NY Supreme Court 2024), the plaintiff sued her lawyer for malpractice arising out of an appeal of a discrimination lawsuit. The court held that the plaintiff would not have won the appeal under any circumstances so…
One area that can lead to claims against lawyers occurs when the lawyer accepts one part of a representation but declines to represent the client in another matter. Any declination should be communicated clearly to the client and confirmed in writing. If you don’t do that, the client may later…