Avoiding Malpractice Claims and Ethics Grievances for Family Law lawyers (Including 1 hour of Ethics)
Chicago Legal Malpractice Lawyer Blog
Short Video on the Importance of the Engagement Letter
Having An Expert Witness Is Mandatory
Rodowicz v. Feldman, Perlstein & Greene, LLC 3:20-cv-00777 D. Conn. 2024 was a legal malpractice suit where the plaintiff claimed that he lost the underlying litigation (a breach of fiduciary duty by a trustee case) because of his lawyers’ negligence. He had no expert and summary judgment was granted in…
Plaintiff’s Legal Malpractice Claim Arising Out of An Appeal Dismissed
In Jackson v. Law Offices of Peter Sverd, PLLC, 2024 NY Slip Op 30413 (NY Supreme Court 2024), the plaintiff sued her lawyer for malpractice arising out of an appeal of a discrimination lawsuit. The court held that the plaintiff would not have won the appeal under any circumstances so…
No We Didn’t Agree To Handle That Claim
One area that can lead to claims against lawyers occurs when the lawyer accepts one part of a representation but declines to represent the client in another matter. Any declination should be communicated clearly to the client and confirmed in writing. If you don’t do that, the client may later…
The “Invited Error” Doctrine Defeats Legal Malpractice Claim
Plaintiff lost his malpractice claim against his lawyers because the court deemed his expert reports inadmissible. In the alternative, Plaintiff argued that his lawyers were negligent by failing to dispute the court’s finding that the operations of a company were illegal. The New Jersey Appellate Court rejected that argument on…
Court Dismisses Malpractice Claim Arising Out of Failed Appeal
Plaintiff claimed that her lawyer was negligent in his handling of her appeal from a case in which plaintiff claimed that Well Fargo had discriminated against her. Plaintiff’s legal malpractice case was dismissed because plaintiff could not show how any lawyer could have won the appeal. The court put it…
Statute of Limitations Defeats Malpractice Claim
The statute of limitations often defeats legal malpractice claims that might otherwise have some merit. The statute of limitations is the best possible defense a lawyer can have. The statute of limitations differs from state to state. As a client, the important thing to remember is to get moving as…
Conclusory Allegations Doom Malpractice Claim
In Gopstein v. Bellinson Law, LLC, 2023 NY Slip Op 33476, the plaintiff alleged that he retained the law firm to handle a personal injury action, which later settled. Plaintiff claimed that the lawyers were negligent and that their negligence caused him to settle for a reduced amount. The law…
The Case Within A Case Requirement
Abercrombie Group, LLC v. Clark, Court of Appeals of Texas, Second District 2023. The company sued its law firm alleging that the lawyers failed to bring suit in a timely fashion. The lawsuit concerned a promissory note. The plaintiff would be required to prove that had the lawyer acted differently…