A very good article in today’s NYLJ, unfortunately not on their daily e-mail or front page, by Craig Ball. This article, entitled “10 Blunders Made During E-Discovery” is a blueprint for the attorney who must deal with e-discovery. The converse for an attorney? Naturally, legal malpractice. This is a field ripe for investigation.…

Reported in the Savanah Georgia Morning News, this is an interesting legal malpractice settlement situation. “Lawyers for Savannah attorney Benjamin S. Eichholz are threatening to renege on a settlement of two lawsuits alleging he overcharged a group of his clients, according to documents filed in Chatham County State Court last week.

In response, plaintiffs’ lawyers…

Here is a case from the NJ Supreme Court, discussing statutes of limitation, discovery periods, and the last date upon which plaintiff may institute suit.

This Madison WI attorney took the case, ignorred the case, allowed the statute of limitations to run, told the client it was settled for $10,000 and then admitted her wrong. Now she settled for $165,000 and has taken a 60 day suspension. Details.

1. Tenamee v. Schmukler, 05 Civ. 7661 , UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK , 2006 U.S. Dist. LEXIS 49109, July 13, 2006, Legal Malpractice time barred. Good discussion of equitable tolling, the difference between fraud and legal malpractice, and when to apply a 3 or 6 year statute…

Here is an article from the South Carolina Sun which talks about a 4 lawyer firm which was tasked with a huge case: tracking medical overcharges for the State of South Carolina. The firm’s solution? hire outsiders. Why: “it would be malpractice not to hire them.”

Andrew Zwirling writes in today’s NYLJ on the requirement of an attorney-client relationship in Legal Malpractice. He writes in Malpractice: Establishing Existence of Attorney-Client Relationship:
“In a legal malpractice action, a plaintiff must prove that the defendant-attorney failed to exercise the ordinary reasonable skill, care, diligence and knowledge commonly possessed by a member of…

Here is a subscription article from West. For those without a subscription [like us], the article is entitled: “Are Small firms that cannot afford malpractice insurance a public danger?”

Legal malpractice insurance [a/k/a sleeping insurance] is not spectacularly expensive. Solos, and small firms really cannot afford not to have it. Even $ 250,000 coverage will…