Much litigation arises from the "deep pocket" theory. Put in the best light, it might be said that a plaintiff has really been wronged, and now the search is on for the usual suspects. Put another way, someone has lost a lot of money, due to no fault of his own, and he would like
Legal Malpractice News
Referring Attorneys and Legal Malpractice
Attorney Referrals are a significant part of the attorney compensation field, and some attorneys derive considerable fees from their practice of taking in a large catchment population, and then referring the cases out to attorneys in specialized fields. What is their potential liability?
Bloom v Hensel ;2009 NY Slip Op 00884 ;Decided on February…
Peeling Away the Layers of Legal Malpractice
The Fourth Department handed down four legal malpractice decisions this week, which is surely a record. Three were decisions without reasoning. The fourth, KEITH LONG, , v CELLINO & BARNES, P.C., THE BARNES FIRM, P.C., STEPHEN E. BARNES, ESQ., RICHARD J. BARNES, ESQ., ROSS M. CELLINO, JR., ESQ., 1620 CA 07-01737;SUPREME COURT OF…
A suspended Judge and Legal Malpractice Cases
How much money can be made in the business of incarcarating juviniles? Apparently, quite a bil. This Pennsylvania judge was suspended upon "accusations that two now-suspended Pennsylvania judges accepted $2.6 million in kickbacks in exchange for incarcerating juveniles at specific detention facilities " That’s bad. Now, from the ABA Journal, the spillover:
"Accusations that two…
Attorney Pays $ 200,000 in Legal Malpractice and Gets $ 1.2 Million
Here is the story of a three-way deal in a legal malpractice / overpayment of fees / municipal negligence case which we reported at the onset. In Lodi, California [I must admit that the CCR song quickly comes to mind] target attorney had represented the city in litigation, especially an underground pollution case, and claimed…
Legal Fee Suits and Legal Malpractice Cases
If one were to peruse the legal press, headlines seem limited to merger, layoffs and legal fee disputes. There is a definite tie-in to legal malpractice litigation. Lesson one by legal malpractice insurers to attorneys is that legal fee cases engender legal malpractice defenses.
Here, from Legal Profession Blog is yet another example: attorney who…
A Legal Malpractice Dismissal Motion Primer
For some reason, it seems legal malpractice cases are subject to an inordinately high percentage of motions to dismiss, more so than other categories of cases. Here in SHAHRAM DAVID LAVIAN, -v.- IRA DANIEL TOKAYER, ESQ., 08 Civ. 938 (PAC) (GWG);
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;2009 U.S. Dist.
Continued Representation in Legal Malpractice
The principal of "continued representation" in Legal Malpractice is that the statute of limitations does not start to run upon the making of a mistake, while the attorney continues to represent the client. "The statue of limitations sounding in legal malpractice is tolled until the completion of the attorney’s ongoing representation concerning the matter out of…
Legal Malpractice Case against your Public Defender
The poor deserve an adequate criminal defense as much as anyone else. While everyone gets an attorney when arrested, even if they cannot afford one, publicly funded legal Aid or 18b attorneys don’t always get sufficient funding to handle large caseloads/ Who suffers?
Here is a case from Seattle in which an innocent man sat…
Blame the Judge in Legal Malpractice
Judges handle hundreds of cases a year, many more during a career. what happens when a judge is removed from the bench for criminal acts? Can the cases presided over by this particular judge unravel?
In this Pennsylvania legal malpractice case, the judge recused himself during trial when an attorney accused him of showing…