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Articles Posted in Legal Malpractice

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Legal Malpractice Case Dismissed Because Expert Does Not Explain How Negligence Caused Injury to Client

This case is interesting because it dismisses a legal malpractice claim because the expert did not reveal how the negligence of the attorney caused the injury of the plaintiff. The opinion does not shed as much light on the facts of the case as I would like it to. However,…

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Legal Malpractice Claim Dismissed Because Plaintiff does not adequately allege proximate causation

The Seventh Circuit has affirmed a decision to dismiss a legal malpractice complaint in which West Bend Insurance alleged that its former counsel committed legal malpractice in connection with the defense of a worker’s compensation claim. The claim set forth numerous deficiencies in the lawyer’s performance in the worker’s compensation…

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Plaintiff Alleges That Her Divorce Lawyer Committed Legal Malpractice By Failing to Complete the Settlement Documentation

This is an unpublished case which had an interesting result. Plaintiff was represented by the Defendant attorney in her divorce case. Her husband, David Whittlemore, was apparently in financial difficulties. David Whittlemore offered an unusual settlement term to his soon to be ex-wife. He claimed that his wealthy brother Harvey would…

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Seventh Circuit Affirms Dismissal of Lawsuit Against Lawyer Who Deposited Fraudulent Check

Julia Williams and I represented David Goodson, an Illinois attorney, who was sued by First American Bank when a check he deposited turned out to be a fraudulent check. Goodson did not know that the check was fraudulent. Instead, he believed that the check was a payment of past due…

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Illinois Appellate Court Reverses Summary Judgment For Plaintiff

This case, Fox v. Seiden, has already made two trips to the Illinois Appellate Court. It is interesting because it is the rare case in which the court granted summary judgment in favor of the plaintiff. The underlying case was captioned Multiut Corp. v. Draiman. The current case was brought…

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ARDC Brings A Negligence Case – And Loses

Sometimes, for reasons that are obscure, the ARDC takes a set of facts that appear to prove negligence and makes a disciplinary complaint out of them. In the case of Barbara Ann Susman, the ARDC charged an immigration lawyer with: (a) failing to act with reasonable diligence, failing to promptly…

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Plaintiff Cannot Sue For Legal Malpractice Because His Claim Was Viable When He Fired the Lawyer

This opinion of the Seventh Circuit discusses a legal malpractice case arising out of a class action. The plaintiff, Carlos Rocha, brought a class action against Federal Express. He alleged that Federal Express did not properly classify his employment. Shortly before the underlying case settled, he fired his lawyers. Rocha…

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Judge Zagel Dismisses Acrimonious Fair Housing Discrimination Lawsuit Filed By A Lawyer

Kelli Dudley is a foreclosure defense lawyer and is a superb advocate for the poor and other underserved populations of Cook County. The defendants in the case also defend foreclosures. In an underlying case, Dudley, on behalf of Tonya Davis, filed a legal malpractice claim against several foreclosure defense lawyers…

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Alabama Court Holds Law Firm Liable Where Associate Concealed Facts From Client

This is a legal malpractice case in which the plaintiff, Juakeishia Pruitt retained the Cockrell & Cockrell firm to pursue employment claims against Spillman College and other claims against other parties. According to the opinion, the firm failed to file the claims in timely fashion and an associate concealed that…

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Mayer Brown Escapes Liability For Drafting Error in UCC Statement

Source: OAKLAND POLICE AND FIRE RETIREMENT SYSTEM v. MAYER BROWN, LLP, Dist. Court, ND Illinois 2016 – Google Scholar This is a legal malpractice case that was dismissed because the plaintiff was not a client of Mayer Brown, LLP, a noted Chicago law firm. The plaintiff was part of a…

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