Here is a report from TMC Net which tells us that additional documents and legal malpractice claims will be forthcoming in the Enron peripheral legal malpractice claims against Vinson & Elkins. They have already agreed to pay $ 30 million in partial settlement. Here are the details.
Serial Forgery Accusations and Legal Malpractice
Either this person is always</strong> in the wrong place, or there may be something to all of these accusations. This article about a Virginia attorneys tells us that he lost his “license as a broker on the New York Stock Exchange over allegations of forgery and misappropriation of a client’s money”, and was the subject of a legal malpractice law suit from a client who said he took her money and failed to file her case. Now he is indicted on a charge of forging a judge’s signature.
Suspension in New York and Legal Malpractice ???
Here is a Front page “In Brief” story from the New York Law Journal: Attorney is suspended after he compounded what appears to be a rather common error. Client wanted to sue the State Board of Higher Education, probably for a slip and fall case on a campus. Attorney was required to file a notice of claim with the Attorney General’s office pursuant to Agency law. He didn’t. That was bad enough for him to “withdraw” his client’s case, probably to avoid an assessment of costs. Outcome? Attorney suspended, client without a remedy. Legal malpractice?
Enron and Legal Malpractice
Here is an article from Bloomberg on line giving a non-attorney’s view of the Enron-Vinson & Elkins mess. Details.
Legal Malpractice in Oklahoma
Unlikely to make the NY papers, this was a lead article in The Oklahoman. The allegations apparently were that wife’s marital attorney signed some docmuments either “for” her, or without her knowledge, the act was discovered, and the divorce put on hold for a period of time. Result: legal malpractice case. Details.
The Rate of Interest and Legal Malpractice
This case, from the Court of Appeals, appears to affect only matters in the Court of Claims. However, the question of the rate of interest to be applied to post-verdict and post-judgment awards implicates the entire spectrum of legal practice. Query: will there be a new requirement to bring in an economist to prove how much interest might have been obtained in an underlying matter to a legal malpractice case? Details.
Pecan Cracker Legal Malpractice
Pecan cracking is big business, and this patent legal malpractice, which just recently ended in a $5.8 million verdict demonstrates the reach of legal advice and its potential liability. In Columbia, SC Frank Robertson was awarded $5.5 Million for bad legal advice, which he received from Nexsen, Pruet, Adams, Kleemeier. For the details.
Legal Malpractice Bar hopes this is not a trend
Rock, paper, scissors – read Cassandra Crotty’s blog on this new ADR which is sweeping the courts. Details
$178 Million Sidley Austin-KPMG Settlement Nears
“A $178 million settlement in a class action against accounting firm KPMG and law firm Sidley Austin Brown & Wood, for allegedly selling fraudulent tax shelter strategies, won final approval Friday.” Details
Medical Malpractice and Legal Malpractice Parallels
Legal malpractice is the decendent of medical malpractice. This lineage is demonstrated in continued representation, in analysis of “standards” of care, and in many other fashions.
A very interesting article appears today in the NYLJ by Thomas A. Moore and Matthew Gaier discusses Hinlicky v. Dreyfus _NY3d_, reported in the NYLJ on 5/3/06.
This Court of Appeals case holds, for the first time that a published clinical practice guideline may be used as evidence in a medical malpractice case. True, the use is limited, is still subject to hearsay exclusion [may not be offered for the truth of the matter asserted, but simply as demonstrative evidence], but this is a big decision.
Obvious parallels to Legal Malpractice exist. Firms, agencies and public associations all have written materials for their attorneys. Might these particular documents now be admissible under the Hinlicky doctrine? Stay tuned.