This case, William L. Gunlicks v. Mayer Brown LLP, 2014 IL App (1st) 130845-U, is far too important to be reported in an unpublished opinion. Sadly, the opinion is unpublished for reasons that are unfathomable. The compliant alleges that Mayer Brown breached the duty of care in representing the plaintiff…
Scott v. Burgin, DC: Court of Appeals 2014 – Google Scholar. The issue of privity frequently arises in legal malpractice litigation. A party lacks privity when the party did not have an attorney-client relationship with the lawyer. Recently, the privity rule has been relaxed by courts to allow lawsuits for…
The case is North Carolina State Bar v. Paul T. Jackson, 14 DHC 20. The case is part of a growing trend to bring disciplinary charges against prosecutors who fail to disclose exculpatory evidence. The important facts, as set forth in the complaint, are alleged to be as follows: 1.…
I last discussed this problematic topic on June 30th. This unpublished decision, Godbold v. Karlin & Fleisher, LLC, 2014 IL App (1st) 131523-U, illustrates a malpractice trap contained in Illinois law. Usually, the rule in Illinois is that you must wait to file your malpractice action until you lose the…
BEFORE THE HEARING BOARD. This is a rare case where a prosecutor is being accused of wrongdoing for failing to disclose that a witness changed his story and for allegedly misleading the court about the witness’ testimony. What is odd about the case is that the ARDC chose this prosecutorial…
BEFORE THE HEARING BOARD. I have a strong opinion on this case – this is a dreadful act of overreaching by the ARDC. Ms. Naughton and a friend were accused of disorderly conduct after a Cubs game in 2012. In 2013, she was tried and acquitted of all charges. Now,…
Illinois has two statutes that establish time limits for when you can sue for legal malpractice. The statute of limitations gives the plaintiff two years from the time the negligence was discovered. However, the statute of repose bars any claim unless the negligent act occurred within six years of the…
Mandatory Sentencing for Medical Marijuana – NYTimes.com. This is a New York Times story on the prosecution of a family growing marijuana. They claim the marijuana is for medical purposes. The feds disagree. In the end, a jury will decide the fate of these people. This case raises an ethical…
ESTATE OF LIFTIN v. US, Court of Appeals, Federal Circuit 2014 – Google Scholar. This appeal is slightly off topic, but is relevant to the area of legal malpractice liability. The Estate filed its federal estate tax return five months late. The IRS then assessed a 25% percent penalty, in…
BEFORE THE HEARING BOARD. This case results from an error in judgment that took place in 2003, more than 11 years ago. A lawyer instructed a staff member to falsely attest that certain persons had witnessed the signing of a will. This is one of the easiest of disciplinary cases…