The case is captioned Iowa Supreme Court Attorney Disciplinary Board v. Robert Allan Wright, Jr., 13-0780, December 6, 2013. The Iowa Supreme Court disciplined Wright for (a) failing to recognize a Nigerian scam and (b) allowing other clients to participate in the scam. This case has received a fair amount…
Articles Posted in Legal Malpractice
District Court Dismisses Insurance Company’s Legal Malpractice Case Against Defense Counsel
WEST BEND MUTUAL INSURANCE COMPANY v. RODDY, LEAHY, GUILL & ZIMA, LTD., Dist. Court, ND Illinois 2013 – Google Scholar. This is an unpublished decision concerning an allegation of legal malpractice in a workers’ compensation case. The plaintiff is the insurance company. The defendants are the lawyers it hired to…
For Prospective Clients
We receive many calls and other inquiries from former clients of other firms who believe that their lawyer made an error or committed legal malpractice. Here are few suggestions for those who wish to call us. First, make sure that you have proof that the lawyer agreed to represent you.…
Appellate Court Holds That Lawyer Waited Too Long To Sue Accountant For Negligence
Kadlec v. Sumner, Ill: Appellate Court, 1st Dist., 2nd Div. 2013 – Google Scholar. This is an opinion affirming the dismissal of a contribution claim against an accounting firm. The executor of an estate sued the lawyer for the estate, alleging that the lawyer failed to timely file estate tax…
Law Firm’s Effort To Sanction Former Client Falls Flat
Par via Malm v. MOMKUS McCLUSKEY, LLC, Dist. Court, ND Illinois 2013 – Google Scholar. This is a link to an unpublished decision denying a motion for Rule 11 sanctions in a legal malpractice. The client was sued in connection with a business transaction in the Northern District of Georgia.…
District Court Rejects Legal Malpractice Claim Based Upon a Letter of Credit
RAFOOL v. Evans, Dist. Court, CD Illinois 2013 – Google Scholar. This is a legal malpractice case where the plaintiff claimed that the defendant lawyers were negligent in failing to instruct the plaintiff to draw on a letter of credit prior to filing bankruptcy. The court held that there was…
California Court Holds Guardian Ad Litem Immune From Malpractice Suit
McClintock v. West, Cal: Court of Appeal, 4th Appellate Dist., 3rd Div. 2013 – Google Scholar. The Illinois courts have held that a guardian ad litem is immune from a lawsuit from one of the parties. A guardian ad litem is a lawyer appointed by the court in a family…
Court Denies Summary Judgment Motions in Immigration Malpractice Case
Koch v. PECHOTA, Dist. Court, SD New York 2013 – Google Scholar. This is an immigration malpractice case where the lawyers were hired to represent a woman to help her obtain a green card. They apparently succeeded in that effort. Later, the plaintiff was deported. She sued the lawyers for…
Illinois Court Holds That The Two-Year SOL Applies to Aiding and Abetting Claim
800 SOUTH WELLS COMMERCIAL, LLC v. HORWOOD MARCUS AND BERK CHARTERED, Ill: Appellate Court, 1st Dist., 4th Div. 2013 – Google Scholar. Plaintiff alleged that Horwood Marcus & Berk (HMB) aided and abetted a breach of fiduciary duty by Nicholas Gouletas and John Cadden. Legal malpractice is governed by a…
Iowa Supreme Court Holds That Emotional Distress Damages Can Be Recovered In Legal Malpractice Case
The case is captioned, Klever Belisario Miranda v. Michael H. Said, 11-0552, Supreme Court of Iowa, July 19, 2013. This is an immigration malpractice case. Plaintiffs were two citizens of Ecuador who entered the United States without documents. Their son, Cesar, joined them in 1995. They gave birth to another…