Attorney Malpractice is a litigation form with many highly sophisticated rules. Attorneys make up the rules of attorney litigation. Legal malpractice is subject to very stern analysis by judges. Here is an article from Texas which sets forth rules on specificity there.
"In a further illustration of the need to avoid conclusory affidavits in summary…
Roger D. Blackwell is a former marketing professor in college, who did very well for himself. However, he was convicted of insider trading when a "federal jury in Columbus found that Blackwell, a member of Worthington Foods Inc.’s board of directors, illegally tipped off friends and relatives in 1999 to Kellogg Co.’s secret pending purchase of…
It bills itself as "The Oldest Law Journal in the United States", and reports today on this legal malpractice dismissal in Pennsylvania. Here, in an estate/inheritance legal malpractice, the case was dismissed on motion, and the appeal ran afoul of a Penn statute against vagueness. What follows is a discussion of the statute:…
In a NYLJ article today [subscription], Professor Patrick Connors discusses letters of retention and litigation.
He writes:
"In this installment, we will take a few steps back to the inception of the representation and discuss a rule that affects the substantive rights of lawyers vis-à-vis their clients. ""Conclusion
Until the Court of Appeals finally speaks…
While many think of trial law as a form of gambling, here is the real thing. Keno operator wants to break up a partnership and open his own gambling shop. Hires attorneys to do the transactional work, and gets bad advice. He wins $1.6 million, which is reduced to $229,000.
"The Nebraska Supreme Court…
Hinshaw reports this case:
"J. Michael Koehler v. Jules Brody, et al., ___F.3d___, 2007 WL 895864 (8th Cir. 2007)
Brief Summary
Two years after a court approved a class action settlement, a lead plaintiff brought suit against former class counsel for breach of fiduciary duty and misrepresentation, claiming that the settlement was too low and…
Lory v. Parsoff, 296 A.D.2d 535; 745 N.Y.S.2d 218; 2002 N.Y. App. Div. LEXIS 7584
illustrates the danger of wrongly filing a security documents, such as a UCC1. Of course, purchaser defaulted, and lender lost all. In the legal malpractice case, attorney lost its fee paid to date, the cost of trying to fix the…
Law.Com reports that 2 Florida attorneys were disciplined for settling a big big case, and then agreeing to be paid not to take more cases.
"The Florida Supreme Court disbarred one plaintiffs lawyer and handed another a two-year suspension for taking a $6.4 million fee from the defense to file no more cases against E.I.
We reported on this case yesterday. An ill known US Bankruptcy provision allows a 2 year period in which to bring an otherwise timely action, once the cause of action becomes an asset the estate in bankruptcy,
Victoria Kremen, who underwent unnecessary mastectory, should have had the benefit of "section 108 of the Bankruptcy Code…
A bill just passed out of committee in the NY State Senate, sponsored by the Court System [OCA] would amend CPLR 2001 to permit courts to forgive errors in the starting of law suits. One example is a well-known mistake of purchasing an index number for a motion seeking leave to file a late notice…
