An often asked question in legal malpractice is: "what was the standard of good representation?  The following question is whether the attorney met that standard.  In trolling through the literature on this and other questions we ran across this interesting tidbit:  In West Virginia courts permit payment to jury researchers for indigent clients.  We have…

When the statute starts to run in legal malpractice is an important consideration.  Here is a Pennsylvania case.  It’s a complex anaysis, taking into account the date of the mistake, the date that actual damage happens, and continuing representation [not mentioned in this case]. 

"In Wachovia v. Ferretti, the appeals court panel rejected…

This is not legal malpractice.  The story is remarkable, however.  Judge calls colleigue a "fool" and a group of other judges don’t exactly disagree.  From Law.Com:

"Fulton Superior Court Judge Craig L. Schwall has told other members of the Fulton bench that Judge Hilton M. Fuller has bungled the Brian G. Nichols murder case and…

We will be speaking on this topic througout November, but here is a California case on the subject.  Its lesson:  the client confidence must be in issue.

"Case law does not “require dismissal whenever a law firm defendant suggests that client confidences are threatened,” Guilford wrote (.pdf). “Instead, they require a showing that the…

Here is the story of a convicted ex-accountant who is selling a legal type service to inmates.  Now, he has problems.  Problem one:  he’s not an attorney, and authorities are determining whether he gave legal advice.  Problem two: a group of angry inmates and their families. They are paying big fees for his service to make…

Attorney fees are regulated, and may be most regulated in matrimonial settings.  22 NYCRR 1400 regulates how fees are calculated, how they are billed, and most importantly, what happens if the procedures are not followed.

In this case, Sheresky Aronson & Mayefsky LLP v. Whitmore, 117068/06 ,Decided: October 5, 2007
Justice Doris Ling-Cohan NEW YORK…

Reported in today’s NYLJ, this is a convoluted case.  Plaintniff was misdiagnosed with breast cancer and underwent unnecessary mastectomy.  Her medical malpractice case was handled by the Morelli firm, and was dismissed on the statute of limitations, at the pleading stage.

The legal malpractice case followed, and has now survived two motions to dismiss. …

Here is an Illinois legal malpractice case which illustrates the problem in bringing a legal malpractice case after a settlement in which the client has agreed that she understands the settlement, and agrees to it.  Add to this mix, the sometimes question, "are you satisfied with your attorney’s handling of the case? 

The issue is whether…