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…

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…

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, …

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…

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.…

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.

The extent of attorney-client privilege in legal malpractice depends on the factual setting. One point is the “at issue” principal which allows disclosure of materials that are said to be at issue in the legal malpractice. Another interesting idea is joint defense and privilege between defendants. Here is a recent case on point.
“The same…

Sometimes clients file a counterclaim for legal malpractice after the attorney sues for unpaid fees. Sometimes the client starts a legal malpractice case based on miscommunication. Sometimes the attorney is just plain wrong. Here is a story for your review.