One defense to a legal malpractice case is that the plaintiff could never have collected any money from the defendant in the underlying case. This defense is rarely asserted, but it can be very effective. In a malpractice case, you must prove what the outcome of the underlying case would…
The case is captioned In re Gary K. Davidson, 2017 PR 00099. There were two charges of misconduct: (a) failing to disclose a fee arrangement with a land surveyor; and (b) falsely certifying compliance with MCLE requirements. The first charge was not proven but the second charge was proven and…
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…
In Herren v. Armenta, 1-CA-CV-18-0381, the plaintiff sued her former lawyers alleging that they committed legal malpractice when the represented her in another case (the underlying case). In the underlying case, Tonto Supply, Inc., sued Herren for breach of contract and other torts. Herren alleged that her lawyers were negligent…
Sammet v. Helline is an unpublished decision of the Court of Appeals of Kentucky. The case number is 2018-CA-1033. The story is familiar: a divorce lawyer sued for unpaid legal fees and received a legal malpractice counterclaim in return. Here, the lawyer prevailed as the former client was unable to…
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…
The case, Nancy Setterquist v. Law Offices of Ted D. Billbe, P.C., N0. 18-35880, is an unpublished decision of the Ninth Circuit that raises important issues. The case is a divorce malpractice case. Setterquist alleged that her lawyer allowed the court to enter an erroneous order. Based on the text…
Over the years, I have thought about this a bit. My current answer to this question is to be mindful of your own emotions when dealing with clients. If a client criticizes you unfairly or makes you angry, stop writing that letter or email and let things cool off. You…
Illinois does not require a lawyer to have insurance. However, the ARDC requests that you inform it each year whether or not you have insurance. My advice to the public is that you should never hire a lawyer who is uninsured. First, if something goes wrong, you have little chance…