CRIMSON TRACE CORPORATION v. DAVIS WRIGHT TREMAINE LLP, 355 Or. 476 – Or: Supreme Court 2014 – Google Scholar. This is an important issue in legal malpractice litigation – what happens to the communications between lawyers in a law firm and their in-house counsel. In this case the Oregon Supreme…
Chicago Legal Malpractice Lawyer Blog
Lawyer Converts Client Funds – But He Claims To Have Had A Good Reason For His Actions
Filed May 27. A lawyer converted $1300 in client funds and loaned those funds to his sick brother. He later repaid the funds to the client. However, the ARDC opened an investigation and the deception was found out. The ARDC hearing board recommended a censure. The Review Board increased the…
The Lawyer’s Duty of Candor To The Client – Should It Be Incorporated Into the Model Rules of Professional Conduct?
The Lawyer’s Duty of Candor to the Client – Should It Be Formally Defined? Is it ever appropriate to lie to your client? Judge Raymond J. McKoski, an adjunct professor of law at John Marshall Law School, has posted a thoughtful article on the lawyer’s duty of candor to the…
ARDC Charges Lawyer With Failure To Supervise Partner
BEFORE THE HEARING BOARD. Each year the ARDC files many cases against lawyer who convert funds from client trust accounts. This case is slightly different. The ARDC has charged one member of a two-member firm with failing to (a) maintain accurate and complete client trust account records and (b) failing…
Illinois Appellate Court Sanctions Lawyers For Failing To Disclose Contrary Authority
This is an unpublished case, captioned, In re Marriage of Marie Brinkley v. Leonard Przysucha, 2014 Ill App (1st) 131397-U. The case is a dispute over child support obligations. The respondent allegedly had a large balance of unpaid child support. The petitioner, however, had obtained a bankruptcy discharge and did…
Vermont Supreme Court Disciplines A Judge For Failing To Rule Promptly In Guardianship Proceeding
In re Balivet – 2014 VT 41 :: 2014 :: Vermont Supreme Court Decisions :: Vermont Case Law :: US Case Law :: US Law :: Justia. Vermont has reprimanded a judge for failing to rule promptly in a family court matter involving the guardianship of a minor child. This…
New York Suspends A Lawyer Who Agreed to Help A Client Sue HIs Employer for Legal Malpractice
MATTER OF NOVINS, 2014 NY Slip Op 3465 – NY: Appellate Div., 1st Dept. 2014 – Google Scholar. Some of the facts set forth in ethics cases are almost impossible to believe. This is one such case where an associate of a law firm agreed to assist a former client…
Catalanello v. Kramer – Court Recognizes Privilege for Fair Reporting
This post is off-topic, but it is important to bloggers and writers. My initial reaction to this decision was “Whew.” This blog often reports on cases that have been filed. When a complaint is filed, I may write a blog post even though the allegations in the complaint have not…
Insurer’s Legal Malpractice Action Against Defense Counsel Dismissed
WEST BEND MUTUAL INSURANCE COMPANY v. RODDY, LEAHY, GUILL & ZIEMA, LTD., Dist. Court, ND Illinois 2014 – Google Scholar. This is a legal malpractice case arising out of a defense of a workers compensation claim. West Bend alleged that the defense counsel retained to handle the workers compensation claim…
Much Ado About Nothing – Negligence But No Damages
This is a legal malpractice case in which the plaintiff, after enormous effort, obtained a damages award of $2000 at trial. The Appellate Court affirmed the damage award. Unfortunately, the Appellate Court issued an unpublished opinion, Hubertus Investment Group v. Smiegelski & Wator, P.C., 2014 IL App (1st) 131927-U. This…