The simple answer to this question is, Yes!
Delaware is the state of choice for many corporations, and it is said that there are more attorneys in Manhattan giving advice on Delaware corporate law than there are in Delaware. Now Sheri Qualters of the NYLJ reports that the Delaware Court of Chancery has ruled that…
LEGAL MALPRACTICE CASES IN
FEDERAL COURT THIS MONTH
1. WESTPORT INSURANCE CORP. v. GOLDBERGER & DUBLIN, P.C.
United States Court of Appeals for the Second Circuit 2007 US App Lexis 27612
Law firm was sued by former clients, and insurance company disclaimed coverage because law firm did not give reasonable notice of potential suit.…
This is abattle between a major celebrity dancer and a football player’s ex-trophy wife, in which she claimed the dancer raped her. She hires attorney who starts law suit against dancer. End result ? Attorney and ex-wife accused of extortion, attorney pays substantial settlement to dancer, ex-wife has an $11 million verdict against her.…
Examiner.com reports that in Maryland, discipline numbers are small and decreasing, while legal malpractice cases are increasing.
"The vast majority of Maryland lawyers never get into trouble.
In fact, the number of lawyers sanctioned by the state has fallen in the past 10 years, with the biggest drop happening in the latest fiscal year &mdash…
We don’t know the rule in Montana, but in NY one may not successfully sue his criminal defense attorney without showing actual innocence. Here is a case from Montana of an exonerated criminal defenendant who wants to sue his attorney, now decesed. There are of course, many hurdles. Is there insurance for a public defender? …
Here is a case from California in which plaintiff’s attorney came into possession of a set of notes made by defendant’s attorney concerning the expert and his testimony. Even though the notes inadvertently came into plaintiff’s possession, the attorney has been taken off the case by the court.
If things go wrong from here, will…
Here is an interesting take on the issues of electronic discovery, its blossoming, and future legal malpractice cases. In short, learn and the new rules, or face problems.
"Much ink has been spilled about the demands of discovery in the current technological age. The storage of electronic data, the existence of metadata and the wholesale migration…
A while ago we reported on one of two class action expense [really over-expense] legal malpractice cases. Now, this Phen-Fen case has surfaced.
"A former fen-phen client of Fleming & Associates has sued the Houston-based firm and partner George Fleming, alleging they took too much expense money out of her fen-phen settlement, including a share…
Thanks to William Voorhees, an attorney in NJ who forwarded this story about a NJ legal malpractice case. The case is Adelman v. Shenker, Superior Court of New Jersey, Appellate Division, A-3233-04T1, Decided 12/14/07.
Defendant attorney had sleep apnea, and after extensive pre-trial activity, had to tell the judge that he just could not…
When is Pre-judgment Interest permissible in Legal Malpractice cases? The Second Department recently wrote on this issue in Barnett v Schwartz ,2007 NY Slip Op 09712 ,Decided on December 11, 2007 ,Appellate Division, Second Department ,Ritter, J., J
"The plaintiffs are entitled to an award of prejudgment interest. "CPLR 5001 operates to permit an award…
