Patent malpractice claims are a rare, but growing area of legal malpractice. However, in Morgan & Mendel Genomics v. Amster Rothstein & Ebenstein, LLP, 2021 NY Slip Op 30465, the trial court dismissed a patent malpractice claim because the client failed to give correct information to the law firm. The…
One common issue that can trip up a litigant is the failure to disclose a civil lawsuit in a bankruptcy petition. The lawsuit is an asset of the bankruptcy estate. Failing to disclose the existence of the lawsuit can lead to the dismissal of the civil lawsuit. In Horvath v.…
If you believe you have been harmed by the actions of an attorney, here are some questions we would need the answers to before we could decide whether or not to take your case. Who is the lawyer or law firm that you believe committed malpractice? Were you a client…
A recent case, Masellis v. Law Offices of Leslie Jensen, 50 Cal. App. 5th 1077, Court of Appeals of California (5th District. June 2020), discusses the burden of proof in a “settle and sue” legal malpractice case. That is a case where the plaintiff (represented by the lawyer) settles the…
Every plaintiff must surmount the hurdle of proximate causation. You cannot just allege that the lawyer committed malpractice, you must show how the error caused you damage. If you cannot do that, your legal malpractice case will be dismissed. In Katsoris v. Bodnar & Milone, LLP, 2020 NY Slip Op…
The case of Breitenstein v. Deters, 19 -cv-413 (S.D. Ohio Western Division) is unusual. Plaintiff retained the Defendant lawyers to represent her in a medical malpractice case. The underlying case was dismissed, but the plaintiff appealed that decision. While the appeal was pending, she sued her lawyers for legal malpractice.…
This video contains a short discussion of why we may reject a case.
The case is Iliescu v. Hale Lane Peek Dennison and Howard, No 76146, Supreme Court of Nevada.This is a complicated case and factual scenario that does often come up in legal malpractice cases. It goes like this: A. Your client loses a ruling in a trial court in the underlying…
In Sherman v. Ellis, K18CC-006-009, the Superior Court of Delaware considered a legal malpractice action filed by a former client against the attorney who had drafted his prenuptial agreement. The case is unusual because the divorce court ruled in Sherman’s favor and held that the prenuptial agreement was valid and…
Zander v. Carlson and the Illinois Fraternal Order of Police, 2019 IL App (1st) 181868, is a legal malpractice opinion which holds that a union member who retains a union appointed attorney to represent him in challenging an employment action, cannot file a malpractice claim because filing such a claim would…