Here is an Indiana Case in which the concept of equitable subrogation is attempted in a legal malpractice case.  Here, insurer seeking equitable subrogation loses. In Queerey & Harrow LTD v. Transcontinental Ins. Co. two hurdles face the insurer:  privity and policy.  Attorney represents insured, and not carrier, much less the more distant excess carrier. …

Attorneys for insurance carriers are rarely the subject of a legal malpractice case…it is much more often plaintiff’s attorney.  The Poppe law firm blog reports this case of a car insurance defense attorney who goes to trial on the underlying auto accident without ever meeting with the client, and to make matters worse, admits liability…

In New York legal malpractice litigation, the defendant attorney may not ask for a set off in the amount of the hypothetical contingent fee.  That is, defendant attorney is sued for losing a personal injury action argues that the damages must be reduced by one-third, the amount plaintiff would have had to pay to an attorney…

Plaintiff was driving a truckfull of marijuana when he was stopped and arrested.  He says in the legal malpractice complaint that he spent less than an hour with his attorney prior to pleading guilty.  He believes that this was legal malpractice, and the criminal trial [appellate ?] court agreed with him to a certain extent. …

Some law firms are sued for malpractice, and some sued twice or thrice.  Here is a story  from the Poppe Law firm blog about an Augusta law firm that has been sued so many times, its first carrier refused to renew the policy of legal malpractice insurance, and the second carrier won’t settle a current…

The recently decided DeLuca v. Goldberger provides several interesting lessons in legal malpractice.  The first is that attorneys who take on cases and then tell the client shortly before the statute of limitations runs, or shortly before a case must be restored, or shortly before some other deadline fact a legal malpractice problem.  Here plaintiff…

This short news article is probably wrong on several counts of its report, but the story itself is compelling.  Client goes to a personal injury attorney Frank "The Strong Arm" Azar  with a car accident case and then the case is settled for $ 25,000.  Did he do a good enough job?  Must he "strong…

In this article from Law.Com a question in Texas mirrors similar issues in California, Nevada and Ohio.  In the recent past there have been surveys, bar association meetings, proposed legislation and other indicia of interest in either mandatory legal malpractice insurance or required insurance disclosure to clients.  As of now, no rippling in New York…