Here’s an interesting report from Hinshaw & Culbertson, who write extensively about legal malpractice. It reports a Florida case in which a legal malpractice cause of action was transferred during a bankruptcy case. This report is similar to our 12/30/05 note on transfer of legal malpractice rights in Texas.
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New 60 Day Motion Rule in New York
A wholly new rule has been set by the Chief Administrative Judge of New York Courts:
“If 60 days have elapsed after a motion has been finally submitted or oral argument held, whichever is later, an no decision has been issued by the court, counsel for the movant shall send the court a letter alerting…
New York Law Journal Article
Today’s NYLJ features an article on deposing attorneys as experts in their own cases by Andrew Lavoott Bluestone. This article covers many aspects of questioning a defendant attorney in his own legal malpractice case.
Continue Reading New York Law Journal Article
South Carolina Legal Malpractice
The South Carolina Appellate Law Blog reports a decision regarding one litigant who settled a sexual abuse case for $ 88,000 while others in a similar situation obtained $ 105 million. Legal malpractice case dismissed. Details
“Carvalho” and Depositions
Pinning down and cementing a party’s story is the essential purpose of a deposition. How do you do it with a defendant attorney? What are you permitted to ask? What must the attorney answer?
Read all about what may be done, what is allowable, and how to get the defendant attorney to commit to the…
Legal Malpractice & Risk Management Conference
APRL and other professional responsibility sponsors are holding a Legal Malpractice & Risk Managment Conference in Chicago during March, 2006. For information, call 312-704-3794.
Basketball, Legal Malpractice and Arkansas
Here’s a suspension from the practice of law for an attorney, all arising out of a legal malpractice case in Arkansas. The attorney owns a basketball team. Details.
Attorneys as Experts in Legal Malpractice Case
Two attorneys were qualified under Daubert to testify in a legal malpractice action that a trial counsel’s failure to hire arson experts and to advance an alternate theory resulted in his client’s wrongful conviction of his disabled mother’s murder, the Kentucky Court of Appeals held Dec. 9 (David Kaplan v. Gary Wade Puckett, No. 2004-CA-001750-MR,…
Deposition of an Attorney
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.…
Blawg Review and our Legal Malpractice Blog
Thanks for the kind mention and recognition of this Legal Malpractice
Blog in Blawg Review this week”