Here, in acase reported from Texas by James (Sandy) McCorquodale we read of a creditor’s committee which wants the court to disqualify Fulbright & Jaworski, LLP from representing the bankrupt, alleging that they misfiled, filed late, and lost assets for the estate. For now, the court has refused to disqualify the firm. In re
Blog Articles
Changes to GOL 15-108 affect Legal Practice
Here is an article on the changes to General Obligations Law section 15-108 by Patrick D. Bonner, Jr.
"Section 15-108 of the New York General Obligations Law (GOL) is a statute near and dear to any practitioner defending personal injury or product liability lawsuits in New York. The statute establishes the rules for apportionment of damages…
Mistake upon Mistake in Legal Malpractice
Its bad enough to make mistakes, worse to make them while representing clients, and even worse when it comes in a legal malpractice case. Here is a case from Texas where the attorney lost a motion for summary judgment because he did not submit an expert affidavit on time.
Sprowl v. Dooley, No. 05-06-00359-CV (Tex.
North Dakota Legal Malpractice Insurance Disclosure
The State Bar Association of North Dakota has proposed a new rule that would require that members of its bar file an annual statement that confirms that the attorney has private clients and, if so, whether the attorney has or intends to obtain malpractice insurance. The North Dakota Supreme Court has put the proposed rule…
Did This Firm Tell Too Much in Legal Malpractice Case?
Legal malpractice case is brought and settled. Now, after " a legal malpractice suit against Dallas securities attorney Phillip W. Offill Jr. and his former firm settled, the parties involved seemed happy, but that satisfaction was short-lived. Now a Dallas firm that represented plaintiff Consolidated Sports Media Group in that legal malpractice case has filed…
In Japan they do things Differently
Here is a news release which tells us precious little about the legal malpractice case. Would a US newspaper have run this article without telling who the law firm which paid $ 19 million was?
"Tokyo Kikai Seisakusho Ltd. <6335> said Friday it will receive 19 million dollars to settle its dispute with a U.S.
Keno Operator Wins Legal Malpractice Case Yet Again
We reported on this case several months ago. Keno operator loses when"he got bad legal advice from attorneys with Omaha’s McGrath North Mullin & Kratz law firm when he sought to dissolve his former partnership with Robert Anderson in 1998. " Now after a reduction by the trial court, the appellate court has reinstated a…
An In-Court Settlement will be Binding
Settlements and the method by which they are reached are often very important in legal malpractice. Usually, the issue is whether the settlement truely reflects what plaintiff bargained for, or is the plaintiff merely dissatisfied? Here is a case from the 2d Circuit that comments on this problem. In court settlements are generally sacrosanct in…
New Law Solves a Prior Legal Malpractice Trap
The Court of Claims is the only court in which New York State may be sued, and of course, only New York State may be sued in the Court of Claims. It is often said that the Court of Claims is a statutory court with special rules. One of the rules was that a specific…
Day Casebeer Attorneys Told to Defend Their Actions
Law Com reports a further spin off of the QualComm litigation problems.
"It’s something no lawyer wants to get — a ruling from a federal magistrate saying, essentially: “come on down to court and explain to us why you don’t think you should be sanctioned for your behavior.” But that’s what lawyers at Day Casebeer…