Here is an example of the lawyer and successor lawyer question in Richardson v. Lindenbaum & Young, from todays NYLJ. Continue Reading Lawyers and Successor Lawyers in Legal Malpractice
Chicanary Rule?
Here is a short blog blip from Chicago [Subscription required]. I guess that the defendant attorney argues that he is not required to engage in legal fictions in order to avoid legal malpractice. Details.
Chicago Legal Malpractice Case Dismissed
Here’s a short entry from Chicago [subscription required] about the dismissal of a legal malpractice case on “foreseeablitiy” Details
Common ways to Avoid Legal Malpractice
Here is a reprinted GO article on ways to avoid legal malpractice.
In Kentucky, the judgment rule takes a hit
In Legal Malpractice litigation, defendants have the benefit of the principal of the reasonable judgment rule, This more or less absolute rule has been changed in KY. As reported by Cassandra Crotty in the Illinois Legal Malpractice Blog, we see this new case. Details.
Justice Scalia jokes about Legal Malpractice
Sure, its buried in this article about a very serious topic: execution by lethal injection. The question is whether the current use of lethal injection is cruel and inhumne? Is any method of execution open to challenge? But the article reports that the Supreme Court crowd broke up when Justice Scalia asked whether the failure to suggest a different method at sentencing would be legal malpractice. Details.
Spoliation of Evidence in Legal Malpractice
Hinshaw & Culbertson LLP brings this discussion of a NJ legal malpractice case. Here, defendant attorney hid the dismissal of plaintiff’s case from them for 9 years. They are due not only a positive statute of limitations decision, but a “spoliation” of evidence outcome. Details below Continue Reading Spoliation of Evidence in Legal Malpractice
Patent Case Legal Malpractice
Law Com reports that “A New Jersey biotechnology company is accusing a leading product-liability and toxic-tort lawyer, James Tyrrell Jr., of giving fraudulent and negligent advice that cost the client more than $10 million.
In the late 1990s, Tyrrell and his firm, Latham & Watkins in Newark, convinced Artegraft Inc. of North Brunswick to pursue Johnson & Johnson in a contract dispute using a patent theory that Tyrrell manufactured without legal foundation, a suit filed in Middlesex County alleges.
As it turned out, Artegraft expended roughly $5 million in legal fees for an arbitration it had no chance of winning, the suit says. After the loss, it had to pay J&J $5 million to settle. ” details
Computer Associates and Legal Malpractice
While the main press covers the guilty pleas of Sanjay Kumar and Stephen Richards, there is a legal malpractice angle to the story. Former workers there, forced out after an internal investigation arising after the Kumar incident are continuing a legal malpractice action against their Computer Associates appointed attorneys. Thomas Liotti, a local attorney who represents an employee is quoted in this Newsday article
No mention of Ethical Violations Permitted
In this Nassau County legal malpractice, a justice has ruled that plaintiff’s expert may mention the ethical considerations, but may not opine that defendant violated them, committing malpractice. Details from the NYLJ.