The level of acrimony here is beyond belief. Legal malpractice complaint, counter-defamation law suit, malicious allegations. Try to figure out why and when this law suit started, and why the two parties have such animus. I can’t untangle the facts.Here is the article from the NYLJ. Details.

California will soon [?] require insurance,a good night’s sleep demands it now. what do you look for in legal malpractice insurance? Denny Thaxton of Clarislaw.com tells us. Details.

Law Com reports that the California legislature is considering mandatory Legal Malpractice insurance. 153,000 attorneys, and 20% do not have insurance. Here are the details.

Recently written about in Blog 702, the differences and similarities between Legal Malpractice and Medical Malpractice were discussed.. “Frank focuses on the differences beween medical malpractice litigation, where Frank says doctors often get held liable for making reasonable treatment decisions, and legal malpractice cases, where he says the lawyers get more slack.”

Ted Frank points out: “Yet, even with hundreds of millions of dollars at stake, one almost never sees legal malpractice claims in a lost or settled case: no client protests that a deponent could have been prepared better; that a cross-examination should have been more (or less) aggressive; that the attorney’s brief-writing failed to present arguments as clearly as it could have; that an opening or closing argument was too dry for the jury; that a settlement failed to extract the maximum possible value; that the law firm’s failure to have a client’s discovery ready when it filed a suit in a rocket docket alienated a judge that then made adverse rulings.”
Continue Reading The “Business Judgment Rule” in Legal and Medical Malpractice

Law Com reports that: “A Miami federal jury has ordered a South Florida businessman to pay nearly $19 million in damages to an Italian family who claimed that it lost millions in an embezzlement scheme.

In separate litigation still pending in U.S. District Court in Miami, the family alleges that the Miami law firm of…

NY attorney Andres. M. Aranda was suspended for a year. The suspension was for neglecting a false arrest case, but the interesting item here is that the paned faulted the attorney for failing to advise the client of his rights to pursue a legal malpractice case. Details from the New York Law Journal article by…

Obviously, it’s not legal malpractice to try a case using “big blow up photos”, rather than electronics [especially in non-tech equipped courtrooms}, but here is a blog blurb on the question. “I believe it is malpractice for an attorney to go in without an electronic presentation. Juries are very connected with electronic technology. If you…

Here is the case of Hays v.Cave being discussed in a scholarly journal. We reported on it in May and Cassandra Crotty of Illinois Legal Malpractice Blog reported on it shortly thereafter. The gist of this case is that there can be no removal based simply on the idea that the defense to legal malpractice…