Robert Shapiro’s LA secretary was fired, and now may sue for discrimination. There is a lot going on here, but one paragraph cought my interest. “Another employee at the firm, Sara Caplan, told Shapiro that James could have jeopardized one of his cases by giving incorrect information to a court clerk. Caplan also said she once overheard a phone call in which James told a client how they could report Caplan and Shapiro to the state bar for malpractice.” Full Details.

Here is the story of attorney who was retained by decedent’s girl friend to prepare a will in her favor. He does so, and other persons arrange for signature. Its returned to attorney all signed an finished. Now the kin sue for legal malpractice. Two problems: privity and proximity. This situation comes up frequently. When its the kin v. estate attorney, usually the attorney wins because the kin had nothing to do with retention. Change the fact pattern slightly, and have the administrator be unhappy with the estate attorney [if the same attorney who prepared the will] and you have a different result. Detalis of this case.

This is not a legal malpractice case, or better put, not yet. Wexler & Burkhart were stopped from an inquest on legal fees until they provided proofs of compliance with Rule 137. often, when the fee dispute matures, a claim of legal malpractice is made. It is somethimes, but not always reflexive. Often, the claimed legal malpractice is the reason for non-payment.