The plaintiff filed a malpractice claim against her divorce lawyers. However, her claim did not succeed because she did not provide expert testimony. That testimony, from a family law lawyer, would be necessary to show negligence. This is one of those truths that we cannot repeat enough times – an…
Lawyers have rights to hold the client’s file or other property as security for payment. Here the lawyer held on to a former divorce client’s file indefinitely. The client eventually sued the lawyer for legal malpractice – under the theory that the lawyer had no right to hold the file.…
http://www.iardc.org/HB_RB_Disp_Html.asp?id=12328 The ARDC has recently filed several elder abuse cases. This is one of those cases. According to the Review Board, the facts were as follows: Respondent graduated from law school in 1989. He has a solo practice at Milwaukee and Devon in Chicago. He handles mostly residential real estate…
Plaintiffs, Charles Faber and Karen Faber, filed suit against insurance agencies and related individuals, claiming insurance malpractice. Defendants moved for summary judgment on the basis that Plaintiffs’ claims were barred by the statute of limitations. Plaintiffs responded that the limitation period was tolled because Charles could not reasonably have discovered…
Please note that I was one of the lawyers who represented the plaintiff in this case. The case was designed to challenge the confession of judgment by a law firm that had previously represented a bank that filed a collection lawsuit. So, the Bank, represented by Ginsberg Jacobs filed suit…
This is a case where an insurance company sued a lawyer to rescind an insurance policy on the basis that the lawyer made material omissions in his application for insurance and in his application to renew his insurance. The lawyer missed the statute of limitations in a personal injury case…
A common legal malpractice claim made against a divorce lawyer is that the lawyer failed to take sufficient discovery of the ex-spouse’s assets. Here, Engelman brought such a claim. The claim was defeated, however, by representations in the settlement documents that showed that the client disregarded the lawyers’ advice and…
The ARDC has filed a complaint against Dmitry Feofanov, 2017 PR 00009, for allegedly failing to disclose the death of a client in a lawsuit with a car dealer. Under Illinois law, once the client dies, the attorney-client relationship ceases to exist. The lawyer needs the authorization of the executor…
This disciplinary proceeding stemmed from allegedly false statements contained in a campaign-issued flyer disseminated while Stephen O. Callaghan, Judge-Elect of the 28th Judicial Circuit was a candidate for Judge of the 28th Judicial Circuit. The West Virginia Judicial Hearing Board recommended that Judge-Elect Callaghan be disciplined for three violations of…
For the convenience of the reader, we have taken older posts (2011 to 2013) and put them in a document in our dropbox. Feel free to download them by clicking here. Edward X. Clinton, Jr.