Here is a reprinted GO article on ways to avoid legal malpractice.
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In Kentucky, the judgment rule takes a hit
In Legal Malpractice litigation, defendants have the benefit of the principal of the reasonable judgment rule, This more or less absolute rule has been changed in KY. As reported by Cassandra Crotty in the Illinois Legal Malpractice Blog, we see this new case. Details.
Justice Scalia jokes about Legal Malpractice
Sure, its buried in this article about a very serious topic: execution by lethal injection. The question is whether the current use of lethal injection is cruel and inhumne? Is any method of execution open to challenge? But the article reports that the Supreme Court crowd broke up when Justice Scalia asked whether the failure…
Spoliation of Evidence in Legal Malpractice
Hinshaw & Culbertson LLP brings this discussion of a NJ legal malpractice case. Here, defendant attorney hid the dismissal of plaintiff’s case from them for 9 years. They are due not only a positive statute of limitations decision, but a “spoliation” of evidence outcome. Details below
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Patent Case Legal Malpractice
Law Com reports that “A New Jersey biotechnology company is accusing a leading product-liability and toxic-tort lawyer, James Tyrrell Jr., of giving fraudulent and negligent advice that cost the client more than $10 million.
In the late 1990s, Tyrrell and his firm, Latham & Watkins in Newark, convinced Artegraft Inc. of North Brunswick to pursue…
Computer Associates and Legal Malpractice
While the main press covers the guilty pleas of Sanjay Kumar and Stephen Richards, there is a legal malpractice angle to the story. Former workers there, forced out after an internal investigation arising after the Kumar incident are continuing a legal malpractice action against their Computer Associates appointed attorneys. Thomas Liotti, a local attorney who…
No mention of Ethical Violations Permitted
In this Nassau County legal malpractice, a justice has ruled that plaintiff’s expert may mention the ethical considerations, but may not opine that defendant violated them, committing malpractice. Details from the NYLJ.
Here’s a Twist on Legal Malpractice
A class action against the Bar seeking mass restitution for mistakes and wrongs by an attorney. Law Com reports that a suit in federal court seeks damages. “A Georgia judge will end up deciding whether the Florida Bar must compensate thousands of victims of disbarred Miami attorney Louis Robles out of a special victims fund.”…
World Trade Center Legal Malpractice Case Dismissed
Plaintiff in the legal malpractice had been convicted of insurance fraud follwoing the WTC tragedy. Then he was arrested on unrelated Federal charges. He turned around and sued his attorney. Result? Plaintiff loses, for he had no colorable claim of innocence.
Minn to Consider Attorney Insurance Disclosure
It seems to be a trend. Minn is now considering a legal malpractice disclosure rule. Details.