One would expect a lot of probate work in Florida, as well as a more moderate amount of medical malpractice litigation there. As surely as night follows day, there will be mistakes, miscommunications and legal malpractice claims where there is legal work. Probate work involves transfers of money, and one might expect litigation over mistakes
Blog Articles
Legal Malpractice Morphs into Federal Criminal Charges
This story of an Arkansas lawyer who is alleged to have stolen money moved from the mere mistake, to theft, to tragedy, and then legal malpractice.
"Rogers tax attorney now faces federal charges of transporting stolen funds in addition to state theft charges.
Eric Dean Archer, 36, of Rogers was arraigned Wednesday in Fort Smith…
A Florida Real Estate Development Legal Malpractice Case
Land development in Florida was many years ago the subject of many a scam, with people buying property under water, in swamps and other undesirable places. Now, the stakes are higher, and the problems less obvious. Here is a story from Lauderdale about Harborage Club dry-storage marina in Fort Lauderdale’s marine district .
"Two days…
The “Two Dismissal” Rule in Washington and Legal Malpractice
Underlining why one does not litigate where one does not know the rules, here is an otherwise meritorious legal malpractice case which is now dismissed with prejudice for breaking the Washington state "two dismissal "rule. Hinshaw explains:
"In March 2004, Feature filed a new complaint in Seattle against Mr. Neal and Preston Gates, but not…
Watch Out for 90 Day Notices!
Here is a budding legal malpractice case, arising out of a medical malpractice action. 2 defendants serve 90 day notices, and plaintiff tries to file a Note of Issue. Clerk rejects NOI, and instead of immediately making a motion seeking more time, or the right to file a NOI, plaintiff puts the entire matter aside.…
Disbarred Attorney and Legal Fee Dispute
This situation comes up more often than we might imagine. Disbared attorney refers cases to lawfirm which settles them. What fees may the disbared attorney demand?
Rothman v Benedict P. Morelli & Assoc., P.C.
2007 NY Slip Op 06934
Decided on September 25, 2007
Appellate Division, First Department
"Defendants’ motion to dismiss the complaint should…
Are Top GCs Hopping Around because of Legal Malpractice?
Qualcomm, Apple, Oracle. Their GCs are moving around, and from this article, it seems as if they are playing musical chairs. Is the music coming from Qualcomm’s "legal malpractice?"
"In a shuffle between companies with legal challenges spanning the globe, Apple Inc. general counsel Donald Rosenberg is leaving for Qualcomm Inc. after just…
Divorce Legal Malpractice Case Dismissed
Here is an Appellate Division, Second Department case in which plaintiff is the law firm seeking fees after matrimonial work and defendant is the client. Parola, Gross & Marino, P.C. v Susskind
2007 NY Slip Op 06850 ; Decided on September 18, 2007 ; Appellate Division, Second Department
Here, the client could not link up…
Legal Malpractice Coverage Continues Even after Attorney Leaves
In this Lexology report from Hinshaw an attorney was covered by the initial insurance even after leaving the firm, even for work later performed:
"Kimberly A. Jolley, et al. v. John J. Marquess, et al., ___A.2d___, 2007 WL 1518114 (N.J.Super.A.D.)
Addressing a question of first impression, the Appellate Division of the New Jersey Superior…
No Legal Malpractice Insurance Disclosure in CA
The State of California has rejected a proposal to require attorneys to disclose whether they carry legal malpractice insurance. Here is the story:
"The State Bar Board of Governors yesterday rejected rules that would have required California attorneys to disclose to clients and to the State Bar if they do not have malpractice insurance, and…