What are the limits in questioning an attorney at his own deposition? May you qualify him as an attorney, and then ask him to state the appropriate standard of care? May the defendant attorney be put on the spot? These are all questions that arise from the Carvalho case. The answer is a little complicated.
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Blawg Review and our Legal Malpractice Blog
Thanks for the kind mention and recognition of this Legal Malpractice
Blog in Blawg Review this week”
Legal Malpractice and Punitive Damages
Reported today in the NYLJ at P 18/Col 1, Justice Edmead in Supreme Court, New York County dismissed punitive damage claims in the matter of Fortnow v. Hughes Hubbard & Reed LLP.. This case arose from the sale of an internet company, where the sellers lost their profits in the bursting bubble. Justice Edmead…
Legal Malpractice Advice: Don’t Pick a Fight with Your Attorney on the Eve of Trial
Here’s an analysis of the recent Ron Perelman–Morgan Stanley law suit by the New York Times. The moral: its a bad idea to fire your attorney, and threaten a legal malpractice case on the eve of trial. Details
$1.2 Million Legal Malpractice Gannett Case
Gannett Heirs succeeded, beyond their ad damnu requests with a $ 1.2 million dollar legal malpractice case against trust and estate lawyers Gunster Yoakely. As reported by the Florida Probate Litigation Blog this type of work is no place for amateurs. Details Gunster is facing a second phase of the case in which $…
NJ Legal Malpractice and Criminal Law
Unlike New York, NJ appears to have no blanket rule preventing a person convicted of a crime from suing his criminal defense attorney for legal malpractice. Details
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How Not to Commit Legal Malpractice with your Computer
Technology has advanced to the point that the ABA is giving a CLE series on how not to commit legal malpractice with your computer. Details.
Reversal in South Carolina Legal Malpractice Case
South Carolina Appellate Blog reports that South Carolina’s appellate court reversed a summary judgment decision in favor of the attorney, finding that plaintiff’s allegations and her expert’s affidavit were sufficient to withstand the motion. Full case here.
City of San Diego sues Orrick, Herrington & Sutcliffe
Law Com reports a $100 Million dollar suit by the City of San Diego against 4 firms that participated in a bond offering. Orrick, Herrington & Sutcliffe is one of the firms. Details.
Legal Malpractice, South Dakota and Suing Judges
Here’s a rant from an appellate attorney about a South Dakota referendum seeking to sue judges. The ranter’s analysis: we need less, not more litigation, and this will simply add one more stage after trial, loss, sue the attorney, sue the judge. Details