Grace v. Law, 2013 NY Slip Op 5383 – NY: Appellate Div., 4th Dept. 2013 – Google Scholar. This is a New York case in which the defendant lawyer raised an important issue: in a legal malpractice case is the plaintiff required to exhaust all of his appeals in the…
Recently, the undersigned encountered an arbitration clause drafted by a successful Chicago law firm. I will quote the relevant language in full and then discuss what the language means for a client. I am not in any way criticizing the clause or the lawyers who drafted it. “This Agreement shall…
Goldfine v. BARACK, FERRAZZANO, KIRSCHBAUM AND PERLMAN, Ill: Appellate Court, 1st Dist., 6th Div. 2013 – Google Scholar. The Illinois Appellate Court, First District, Sixth Division, has affirmed a judgment entered in favor of the plaintiff and against a defendant law firm. The allegation of negligence was that the law…
BEFORE THE HEARING BOARD. This is a complaint filed by the ARDC, the Attorney Registration and Disciplinary Commission. The ARDC’s complaint alleges that an attorney, Tina Marie Jacobs, filed a foreclosure case against a homeowner. The ARDC alleges that the lawyer failed to provide the homeowner with a grace period…
KLINGELHOEFER v. PARKER, GROSSART, BAHENSKY & BEUCKE, LLP, 20 Neb. App. 825 – Neb: Court of Appeals 2013 – Google Scholar. This case concerns whether a member of an LLC can sue for legal malpractice the lawyers who represented the entity. The Nebraska Court of Appeals held that the plaintiff,…
This case is a somewhat routine affirmance of a bank fraud conviction and the rejection of an ineffective assistance of counsel claim. The Defendant alleged that her lawyer rendered ineffective assistance of counsel by failing to call certain witnesses at the trial of the case. In the criminal world, an…
CLAUSON & ATWOOD v. PROFESSIONALS DIRECT INSURANCE CO., Dist. Court, D. New Hampshire 2013 – Google Scholar. This is yet another development in the huge and growing area of litigation between lawyers and their legal malpractice insurers. Here, the insurance company obtained summary judgment against the lawyers on the ground…
Hospital Sues Law Firm For Losses Related To Lehman Brothers PASSAVANT MEMORIAL AREA HOSPITAL ASSOCIATION v. LANCASTER POLLARD & CO., Dist. Court, CD Illinois 2013 – Google Scholar. This is a case alleging legal malpractice in the context of corporate law. Passavant Memorial Hospital has sued a law firm that…
O’KELLYN v. Dawson, 2013 PA Super 25 – Pa: Superior Court 2013 – Google Scholar. This is a case where a lawyer was accused of legal malpractice for failing to properly document a settlement of a divorce case. The settlement related to an award of maintenance. The parties agreed on…
ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, GREENBERG, FORMATO & EINIGER, LLP v. UNDERWRITERS AT LLOYD’S, Dist. Court, ED New York 2013 – Google Scholar. Every year, when I receive my legal malpractice insurance application, there is always a question on whether I am an officer or director of an outside entity. In…