When has a client lost its legal malpractice case even before its brought? The client loses when a similar claim has already been brought in a different setting. Its called collateral estoppel or res judicata. Here’s a fine example from the Illinois Legal Malpractice Blog. Details.
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Legal Malpractice and Hot Dogs
Trying to cover all of the Legal Malpractice cases, we came across this case of a hot dog vendor appearing pro-se against his attorney in the Ohio Supreme Court. details
Reinsurers, Legal Malpractice and Subrogation
Another permutation on legal malpractice and privity. May an insurer or re-insurer be subrogated to a legal malpractice action against an attorney defending an underlying action where no settlement was made within policy limits? Details here
Nebraska Privity rules in Legal Malpractice
Here is a law review note on privity requirements in legal malpractice in Nebraska from the Nebraska Law Review 369 [2005] commenting on Swanson v. Ptak, 268 Neb. 265, 682 N.W.2d 225 [2004].
Client loses case, Sues Attorney, has proceeds taken
This poor client was the victim of legal malpractice, and hired an attorney to prosecute the legal malpractice case. The attorney succeeded, then took the proceeds. Now the attorney is disciplined. The article tells us nothing about the poor client however. Details here.
Legal Malpractice in Literature
Google book search opens up a brand new world in the legal malpractice field. Performing a google book search under “legal malpractice” brings up more than 700 references. One, reproduced here tells us to expect an avalanche or tsunami of suits in the near future. The balance of the list are text books and diverse…
Legal Malpractice and Clifford van Syoc
Here’s an article about a swaggering litigator, with a legal malpractice nexus. Details
Piling on in Legal Malpractice
Here is a case from Middletown spriling up and up, with new plaintiffs grabbing on as the case continues. As reported in the Herald Press/Middletown.com:
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Legal Malpractice and being “Outlawyered”
Although new aproaches are always possible, one sees few in real life. Here is an interesting new approach.
Computers once leveled much of the playing field, allowing a sole practitioner to issue streams of “paper.” Nevertheless, the field may never be truely level.
Legal Malpractice and Termination for Cause
It is the general rule in the United States, and New York that the client, either for good cause or for no cause, may terminate an attorney’s representation at any time. While the difference between “for cause” and “no cause” has been endlessly debated, a “for cause” termination may be based upon misconduct which does not rise to the level of attorney malpractice.
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