Here is a case from New Jersey which gives a full explanation of "judicial estoppel" and its application to legal malpractice. Generally, the issue comes up when a client agrees to a settlement, which it later finds to be inadequate. The legal malpractice case which follows is defended, in part, by the assertion that the
Blog Articles
Legal Malpractice Verdict after Medical Malpractice in a Death Case
Failure to diagnose breast cancer…it’s a horrible thing. When we think of a family member who could have been saved, who dies because of medical negligence, where a simple mammogram or simply reading it correctly could have made a difference…
Here, after a death, the medical malpractice case was bungled, and a legal malpractice case…
A Milestone Reached
Today, we reach 1500 articles on Legal Malpractice.
We would like to thank our readers for persevering with us through server breakdowns, slow story days, and our exploration of the legal malpractice world.
Are Experts Always Necessary in Legal Malpractice?
Experts are generally, but not always necessary in legal malpractice cases. The test is whether a fact-finder can rely upon its own knowledge. Here is an interesting case, Frances Northrop, respondent, v Eric Ole Thorsen, appellant. (Index No. 5684/04) ,2007-00973 ,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT ,
2007 NY Slip…
Recent Cases in Legal Malpractice
RECENT CASES IN LEGAL MALPRACTICE
1. CHICAGO TITLE INSURANCE COMPANY, Plaintiff, v BARBARA J. MAZULA, Defendant and Third-Party Plaintiff-Appellant; JAMES E. KEABLE, Third-Party Defendant-Respondent.
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
2008 NY Slip Op 27
January 3, 2008
This is a case in which the question becomes whether an individual…
Contingent Fees, Appeals and Legal Malpractice
Attorneys and clients enter into contingent fee retainer agreements, which do not directly address the question of an appeal. Is the legal fee for an appeal the responsibility of the client or the attorney in this situation? Here is a case from Madison/St.Clair which discusses this question:
"A legal malpractice claim filed by Donel Johnson…
Cuban Embargo, Legal Advice and Legal Malpractice
It’s winter, and our thoughts turn to the Caribbean. Here, a Philadelphia law firm, 1400 lawyers strong, gave commercial advice pertaining to the Cuban embargo, and are now defendants in a legal malpractice case. Here is the story from Bloomberg, via the Caribbean news agency.
"NEW YORK, USA (Bloomberg): Morgan, Lewis & Bockius, the largest…
Barnett v. Schwartz and Pre-Judgment Interest in Legal Malpractice
The question of pre-judgment interest in legal malpractice has not been widely understood . Generally, it was thought that an award of pre-judgment interest was determined on the same basis as in the underlying case. Contract damages, yes. Pain and suffereing, no.
However, this case indicates that the real inquiry is whether there should be pre-judgment…
A Seminal Case in Legal Malpractice
This is a seminal, important case which will, we predict, be widely cited and discussed in Legal Malpractice. Barnett v. Schwartz, 2007 NY Slip Op. 09712, 2d Dept, December 11, 2007 is important for several reasons. We’ll discuss the first here
“But for” causation is not as difficult as had previously been believed.
Does the…
Attorney Fees, Dismissal and Legal Malpractice
Here is an article from Hinshaw which tells us that "A law firm may represent itself and may pursue not only contract or quasi-contract but also tort theories in suing a former client, at least as long as the amount sought in damages does not exceed the amount of unpaid legal fees"
"Law firm Pedersen…