Ben Cowgill asks the legal malpractice question [is it legal malpractice if a lawyer…?] in his Legal Ethics Blog. Is it legal malpractice if a lawyer sends documents to others, which may be mined for meta data? Details on this issue which will become more and more prevalent as we go digital. Details.
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Legal Malpractice Cases from 2-27-06 to 3-07-06
Avery v. Sirlin, 2004-09285, (Index No. 3764/97) , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2006 NY Slip Op 1447; Both sides lose summary judgment based upon questions of fact on cooperation between attorney and client, and question on merit of an appeal, which apparently was not perfected.
2. Goldfarb v. …
Not a Lawyer, yet successfully sued for Legal Malpractice
What was he thinking? He graduated from Hofstra in ’99. He started a successful immigration practice in Bay Shore. He forgot to become admitted to the bar in the meanwhile. Now he defaulted in a legal malpractice case by two former “clients.” He must pay $ 500 a week forever to these “clients”, and faces…
Preventing Legal Malpractice with Retainer and Closing Letters
Anthony E. Davis, columnist on Professional Responsibility for the New York Law Journal and attorney for Hinshaw & Culbertson writes a very interesting article today, on the use of retention, non-retention and closing letters, all in aid of avoiding legal malpractice.
Kentucky Supreme Court on Legal Malpractice
Here is a report of a Legal Malpractice case which wended its way to the highest court in Kentucky. Of interest is their discussion of the “judgment” rule and the use of experts at trial.
Reporting a Rant on Legal Malpractice
More a rant than a revalation, here is one plaintiff’s take on finding an legal malpractice attorney. Details.
Legal Malpractice in Alabama: Was Plaintiff on Probation
Plaintiff was arrested, and his attorney tried to bail him out of jail while awaiting trial. Central to the question of whether he was permitted bail was whether Plaintiff was on probation, or the probation had terminated. After the case was finished, it seems that probation had already expired, yet no one knew. Malpractice follows…
Star Chamber Legal Malpractice
Well, not actually the Star Chamber, that English invention of secrecy. However, this Seattle Times report does include a discussion of sealed cases including those of legal malpractice. Details.
Nebraska Dismissal of Legal Malpractice
This Nebraska Appellate Decision is interesting for several reasons. One is that the legal malpractice case is dismissed on a UCC analysis, the second is that the practice of testimony on habits and “usual” conduct is explained, and the third is that there is a discussion of “mitigation” of damages.
Arbitration Clauses in Legal Malpractice
Is an arbitration clause in a retainer agreement enforceable? An article in today’s NYLJ by David L. Eisberg, a partner at Quinn Emanuel suggests that arbitration clauses may not be enforceable by law firms against their clients. He cites Larrison v. Scarola Reavis & Parent LLP to show that there is a strong public…