We had not heard of this particular branch of legal malpractice before, but upon examination, it is a classic. Equity-stripping foreclosure fraud legal malpractice. Here’s the basic outline: homeowner gets in financial trouble, faces foreclosure. Group, including lawyers comes in, induces the homeowner to transfer ownership to avoid foreclosure. Group gets a new mortgage, re-sells
Blog Articles
Lawyer Advertising Case going to Trial
Federal judge on Friday declined to dismiss a challenge to the constitutionality of New York state’s new rules on attorney advertising.
Northern District Judge Frederick J. Scullin Jr., sitting in Syracuse, set June 18 for the beginning of a trial on the constitutionality of the state’s new guidelines on attorney advertising.
The new rules, adopted…
Not really Legal Malpractice, but…
This headline caught my attention:
"The New York State Commission on Judicial Conduct has voted "no confidence" in its chairman, matrimonial lawyer Raoul Felder, because of the inflammatory nature of a book, entitled "Schmucks!" he wrote with comedian Jackie Mason.
The agency’s 10 commissioners – all but Mr. Felder – were unanimous in expressing their…
Legal Malpractice in Suing an Insurance Company
One of the lessons to learn in litigation is: "stick to what you know." Woe to the first time practitioner who takes on a new area of law. Here is an example of an attorney who did not realize that almost all insurance policies have a short statute of limitations. The policy called for one…
ABA Study on Legal Malpractice
"A soon-to-be-released study by the American Bar Association shows that the number of legal malpractice suits lodged against "white shoe" firms has risen dramatically since 1996. While the case volume is still small, this study represents a costly, long-term problem for large corporate law firms." As the Cuban & Reyes blog tells us:
"In the…
Its the Country Music, The Country Lifestyle and Legal Malpractice
Here’s a report from the NY Lawyer:
"In Country Star’s Divorce, Her Ex Sues Her lawyer, Her Maid Sues Everyone and the Beat Goes On
New York Lawyer
April 13, 2007
By The Associated Press
NASHVILLE, Tenn. — The husband of country singer Sara Evans is suing one of his wife’s divorce attorneys and his…
Fiduciary Duty and Legal Malpractice
Here is an interesting re-cap of the issues:
"There seems to be more confusion than there should be over causes of action against lawyers for breach of fiduciary duty. A recent complaint (Download irell0409.pdf) by Charter Communications against Irell & Manella exemplifies the tendency of malpractice plaintiffs to plead breach of fiduciary duty claims as…
Huge Losses to Client Security Fund
These loses are from stolen money, not legal malpracitce. The numbers are huge: in the millions.
The NYLJ reports: "Dishonest attorneys prompted the awarding of $7.1 million in 2006 from the Lawyers’ Fund for Client Protection, which warned yesterday that the fund is likely to start seeing claims from the largest case of lawyer…
Lakin Lawfirm Legal Malpractice Mess
This Madison Record article contains a months work of issues: conflict of interest, change of venue, prejudice, blackmail, child ponography, indictments, plaintiff’s attorney joining the firm he has sued; it just goes on and on.
"When Gary Peel joined the Lakin Law Firm in September 2003, he had spent the previous 17 months accusing the…
Error by Process Server and Legal Malpractice
In New York there is case law which holds the attorney liabile for errors by a process server. Here is a similar case and analysis from Arizona
"Like most states, Arizona recognizes an exception to this rule, generally referred to as the "nondelegable duty exception." Id. "The policy reasons justifying such a departure are that…