This is a hot topic. Disgorgement due to "for cause" termination, not amounting to legal malpractice is a brand new area to the field. The Court of Appeals has enunciated a principal that if an attorney is terminated for cause, the attorney is due no compensation. Here is a blurb from Hinshaw that tells of
Blog Articles
A Colorado View of Mandatory Legal Malpractice Insurance
He says, perhaps reasonably, if Real Estate brokers are required to have E&O insurance, why not attorneys? His blog.
Much Needed Celebrity in Legal Malpractice
We’ve been covering legal malpractice for a while, and yes, there was the Michael Bolton case, and the Michael Jackson case, but generally few celebrity links come up in legal malpractice, Today’s page 6 shot comes from Nashville, and features a pretty singer. Details follow.
Appellate Malpractice?
Here is a Caroline Elephant blog blurb on the 7th Cir’s problem with briefs.
"Hey 7th Circuit — Why Not Cut Lawyers Some Slack?
Howard Bashman, author of How Appealing, warns in an article ("Commentary: Have 7th Circuit Judges Gone Off the Deep End?") that the 7th Circuit judges Posner and Easterbrook risk becoming…
Statewide Standard in Tennessee
Hinshaw reports a case which finds a statewide standard of attorney practice in Tennessee. Statewide standards are found in New York and in the majority of jurisdictions. The Hinshaw article.
Scratch your Head kind of Case in Legal Malpractice
Here is an odd report. In New York, it does not take anyone in particular to file a notice of appeal; certainly it does not require an attorney, admitted, in good standing or otherwise to pay the fee and file the notice. Virginia seems different. The article.
Judges Fall delays Legal Malpractice Trial
We reported on this turnaround doctor sues lawyer case last week. Now, the trial is dalayed:
"Judge’s fall delays trial
A spirited legal malpractice trial under way in Cuyahoga County Common Pleas Court hit a bump Thursday after the retired judge hearing the case, Robert Lawther, fell in his Lakewood driveway, breaking his leg and…
Baron & Budd litigation heats up in Legal Malpractice
"Baron & Budd Alleges Ex-Shareholders Breached Duties by Planning Vioxx Venture With Lanie.
The breach of contract suit Dallas lawyers Fred Baron and Lisa Blue filed against Dallas plaintiffs firm Baron & Budd over payments for the sale of their equity interest in the firm to shareholder Russell Budd just got a whole lot more…
Ethical Aspects of Mining Metadata and Legal Malpractice
Hinshaw reports today that the ABA has issued an ethical finding which permits mining of metadata in digital discovery. Here is the cite for the ethical ruling.
Today’s New York Law Journal Article on Legal Malpractice Statute of Limitations
We’re proud to announce that the New York Law Journal has published our Outside Counsel column on Legal Malpractice. Today’s article is on Legal Malpractice Statute of Limitations.