The polarization of politics in our country has caused an attorney to try to compel the Maryland Grievance Commission to investigate attorneys who represented Hillary Clinton. An attorney, Ty Clevenger, believed that three Maryland attorneys who represented Hillary Clinton had violated the Rules of Professional Conduct. He wrote to the…
Chicago Legal Malpractice Lawyer Blog
What do Malpractice Lawyers Mean When They Refer to the “Underlying Case”?
In a malpractice case, the plaintiff must show that the lawyer breached the standard of care and that the lawyer’s error cost the client money. In most cases, the only way to prove this is to examine the underlying case. The underlying case is the prior case that was handled…
Divorce Malpractice Claim Dismissed Because Of Recitals in Settlement Agreement
The case is Holtzman v. Griffith, 2018 NY Slip Op 04540, decided by the Appellate Division, Second Department. Holtzman sued for fees and his former client, Griffith, counterclaimed for legal malpractice. The trial court on the basis of an account stated ordered Griffith to pay the legal fees that were…
Court Lacks Personal Jurisdiction Over Lawyers in Racketeering Lawsuit Filed by Asbestos Manufacturer
John Crane, Inc. (JCI) was a manufacturer of asbestos. It sued plaintiff lawyers who had filed asbestos-related cases against it. JCI was a citizen of Illinois. One of the defendant law firms was located in Texas; the other in Pennsylvania. JCI argued that the law firms established sufficient contacts with…
Iowa Holds That Legal Malpractice Is Time-Barred
This is an opinion of the Iowa Supreme Court, holding that a legal malpractice case was time-barred. The case is Skadburg v. Gately, 17-0151. Skadburg was the administrator of an estate and alleged that she hired the defendant to give her legal advice. Skadburg claimed that she used funds from…
Attorney’s Fee Petition Creates a Trap for the Unwary As Client forfeits malpractice claim.
The case is Tebbens v. Levin & Conde, 2018 IL App (1st) 170777. Tebbens believed that his former divorce counsel made an error in drafting the marital settlement agreement and drafted an agreement that was not consistent with what the parties had verbally agreed to. This is a tough case…
Court Rejects Divorce Malpractice Claim On Judicial Estoppel Grounds
Judicial estoppel is a doctrine that penalizes a litigant who takes one position in one lawsuit and a contrary position in another lawsuit. In other words, the litigant’s position shifts based on the litigant’s interests in a particular case. Kershaw v. Levy, Tennessee Court of Appeals, No. M2017-01129-COA-R3-CV., is a divorce…
Indiana Legal Malpractice Case Illustrates Case-Within-A-Case Requirement
In a legal malpractice case, the plaintiff is required to prove a case-within-a-case or that had the lawyer met the standard of care the plaintiff would have won the case. The case here is Roumbos v. Vazanellis and Thiros & Stracci, Case No. 45S03-1710-CT-635. decided by the Indiana Supreme court on April…
Where Plaintiff Has No Expert, Defendant Is Entitled to Summary Judgment in Case Alleging Conflict
The case is Grayson v. Michael J. Korst, P.C., and Michael J. Korst, 16 c 1297 N. D. Ill. Grayson and his business partner were represented by the Defendants in a transaction in which Grayson and his business partner sold the business (a Domino’s franchise) to a buyer. Grayson alleged…
If you have a plaintiff’s case, don’t wait ten years to serve your lien!
The case is captioned Camelot, Inc. v. Burke Burns & Pinelli, Ltd., 2017 IL App (2d) 170038-U. The Burke firm had handled shareholder litigation for the plaintiffs. That litigation ended in 2004. Ten years after the representation ended, in 2014, it attempted to serve a lien on certain real property…