At first blush, one assumes a loss of attorney-client privilege in legal malpractice, or in this case, an indeminfication case for legal costs. The sued party would like to explore how the case was settled, whether settlement was reasonable, and why they should have to pay a settlement in which they did not participated. Part
Blog Articles
Is this Law firm a Debt Collector?
A Rochester Law firm sent a letter to a Connecticut artist, and ended up in SDNY over the Fair Debt Collection Practices Act. Right now, the case stays in the SDNY and will not be moved to Western District, wherein Rochester lies.
"PLAINTIFF CONNECTICUT resident’s lawsuit alleged that defendant Rochester, New York-based law firm was…
Attorney’s Duty to Insurer and Re-Insurer
Hinshaw reports:
"California Court Finds No Duty Owed to Reinsurer by Defense Attorney Who Was Hired by the Primary Carrier
May 15, 2007
Zenith Insurance Company v. Cozen O’Connor, ___Cal.Rptr.3d___, 2007 WL 841119 (Cal.App. 2 Dist. 2007)
Brief Summary
The California Court of Appeal for the Second District affirmed the dismissal of a legal malpractice…
Bad at a Deposition, He’s told to leave Dodge City by Nightfall
All right, the attorney did not "bark like a dog". His behavior was bad enough for the judge to boot him out of West Virginia [or revoke his admissions pro haec vice] Here is the story.:
"WINFIELD – Putnam Circuit Judge Ed Eagloski chased a Texas lawyer back to the Lone Star State…
Simultaneous Representation of Plaintiff and Defendant a No-No
Here, law firm disqualified because it represented plaintiff and defendant at the same time in different cases. Lawfirm’s response, No, its OK!!
"HRH Construction LLC v. Palazzo, 600857/06
Decided: May 4, 2007
Moreover, although multiple representation may be permissible where, after full disclosure of the risks of such representation, the attorney has obtained the consent…
NJ Legal Malpractice, “Net” Opinions of Expert
This is a sad case of willful ignorance, passive-aggressive client behavior, and a refusal to acknowledge reality. Its a car accident turned legal malpractice case. Unusually, it is the defendant – client who is suing his insurance defense attorneys.
Driver had a 15/30 policy [as small as possible] and really injured the other driver. Insurance compnay…
Victory or Defeat?
This is a car case in which verdict was $ 25,000 for loss of income, $ 20,000 for past pain and suffering and $ 0 for future pain and suffering. Smelling a problem, plaintniff’s attorney asked the court to interview jurors. One of them was a physical therapist, and plaintiff wanted to show that the…
It’s not Legal Malpractice, but…
From this weeks advance sheets:
"Although plaintiff denominated the motion denied by the May 2006 order as one to vacate a default, the dismissal order was not rendered on default within the meaning of CPLR 5015(a)(1), since plaintiff had appeared in opposition to the motions and cross motions to dismiss. Given that plaintiff’s motion to…
Attorney with No Authority can Bind Settlement
"Settlement" was binding after attorney agreed to settle case in court, with City of NY. The evidence? Not a transcript, not the client in open court; it was a marking on the "court card" of "settled" made by the clerk.
This is an expansion of the "settlement in open court" doctrine, which holds that there…
The Longest Statute of Limitations in Legal Malpractice?
Victoria Kremen suffered unnecessary bilateral mastectomomy, and then legal malpractice, and then bankruptcy, Law.com reports:
"A New York state judge has permitted a legal malpractice suit to proceed against plaintiffs lawyers who allegedly failed to seek a bankruptcy extension for their client, causing her medical malpractice case to be thrown out as untimely.
The article…