We reported on this case earlier. Now this case, which accuses a judge of legal malpractice prior to the bench, has settled. It seems that there are big numbers involved, but nothing published. Details.
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Tax Shelter Case against Sidley Austin Revived
It’s not exactly Legal Malpractice, but this Tax Shelter case against law giant Sidley Austin has been revived after new evidence surfaced in a federal criminal proffer. Here are the details in Williams v. Sidley Austin Details
Real Estate, Unauthorized Practice and Legal Malpractice
Insider legal representation, unauthorized practice, general counsel suing outside attorneys. You’ll find all of this and more in this particular NJ case. Here, GC was not admitted to practice, company says he cost them $ 700,000, now he wants to 3d party other attorneys. Details.
Legal Malpractice Coverage Case in NJ Supreme Court
Legal Malpractice insurance coverage is generally a “claims made” type. Here is a typical case, now in the NJ Supreme Court. The issue is whether a claim, within the policy period, is covered. Ins. Co. says no, the events took place prior to policy period. Attorney says yes, claim came during policy, and I had…
Termination for Cause
Good cause for termination is not the same as malpractice. Attorney malpractice, the deviation from good and accepted practice, which proximately damaged the party, in which, but for the negligence of the attorney there would have been a different or better result is not the same as good cause for termination. Termination for cause has…
A Trifecta of Legal Malpractice Statues of Limitation and Repose
This Illinois case, reported by Jerry Megne and Cassandra Crotty of the Illinois Legal Malpractice Blog, shows the interaction of three limitation periods, and the resultant vital legal malpractice case which arose from a botched medical procedure followed by a botched legal proceedings. Tolling for infancy, the statute of limitations and the statute of repose…
Liability in Legal Malpractice to 3d Parties
In general, privity is required before an attorney may be held liable in legal malpracitce. Sometimes, the attorney may be held for advice, especially opinion letters, to 3d parties, who did not hire the attorney, but relied upon the advice. Here is a case, reported by the Hinshaw firm, which restates the principal.
Mega Group, …
Bankruptcy to Avoid Legal Malpractice Claims
This is always a hovering problem. In NY there is no effective way to determine whether the target attorney has coverage prior to bringing suit. When the target has no legal malpractice coverage, one may expect any amount of twisting and turning to avoid the claim. Bankruptcy is possible, and I have had three cases…
NJ Legal Malpractice in a Limited Retainer Agreement
Here is a fresh NJ Legal Malpractice Case about a H-W securities fraud case which morphed into a legal malpractice case. Of interest? A discussion of limited retainer agreements, limiting the scope of legal representation, whether these limited retainer agreements need to be in writing, and how to do so in New Jersey. Full case.…
Attorney Fees after Termination
Whether in Legal Malpractice or elsewhere, if an attorny seeks legal fees after termination, Rule 137 must be followed explicitly. Here is an attorney who tried, came close, and lost the case. Referring a client to the web site is simply not good enough. Details.