Its a bedrock principal. In order successfully to sue a criminal defense attorney, you must show actual innocence. Sometimes this is possible; think the Innocence Project. Often it is not; think ineffective assistance of counsel. Here is a California play on the issue. The blog.
Blog Articles
Weil Gotshal Malpractice Case
Its a huge legal malpractice case, and we reported it over the summer. Now WG moves for summary judgment against the National Benevolent Association of the Christian Church, which claims malpractice in their Chapter 11 Bankruptcy filing. We’ll follow for the decision. In the meantime, Anthony Lin of the NYLJ writes:
"Weil Gotshal Moves to…
A Triple Play in Legal Malpractice
Legal malpractice is always a case within a case. This particular report is of a collection matter, followed by a failed legal malpractice matter, followed by a malicious prosecution case. Anthony Lin at the NYLJ reports:
"A New York judge has permitted a lawyer to proceed with a malicious prosecution suit against the mortgage company…
Attorney-Client Cat Fight
This is not legal malpractice, but I cound not resist. This is a real cat fight between client and attorney. The story.
Class Action Attorneys who do not carry Legal Malpractice Insurance
The Madison Record reports on legal malpractice. It is perhaps the largest contributor to legal malpractice journalism we’ve encountered. Here is an interesting point. Madison County, IL has more class actions than any other single county in the US.
Here is a story about a big class action firm, which is reported not to have…
Michael Jackson in new malpractice Case
We reported on his earlier legal malpractice case. Now, it is reported that Michael Jackson has started a malpractice case against his former accountants. The announcement.
A suggestion on Law School Rankings
This bloger suggests that law schools be ranked according to their alumni legal malpractice cases. Hisblog blurb.
Legal Malpractice Profile from American Bar Association
Here is the comprehensive profile from the American Bar Association of legal malpractice cases in 2000-2003. For historical purpose this is the one.
Law Firm’s Failure to Investigate Excess Insurance in Legal Malpractice
In Shaya B. Pac., LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP the question of whether a law firm defending a client has an obligation to determine whether there is excess insurance available.
This case, determined by the Second Department, has the following issue:
"The principal issue presented on this appeal concerns whether a…
Estate Planning and Legal Malpractice
Privity is a requirement in almost all cases of legal malpractice. One particular sticking point is the negligently created estate. Who has the right to sue, if anyone? Here is a Texas case which differentiates between the damaged estate [think: unnecessary tax, costs, loss of assets] and a disappointed will beneficiary.
In this case, the…