"A former Española judge who spent nearly three years in prison for crimes the state Supreme Court determined he shouldn’t have been convicted of has filed a legal malpractice lawsuit against two of his former lawyers.
Charles Maestas is accusing Santa Fe attorneys Stephen Aarons and David Henderson of negligence in their handling of his
Blog Articles
Meta Data and Legal Malpractice
Anthony Davis writes in the NYLJ:
"In 2001, the New York State Bar Association Committee on Professional Ethics, in Formal Opinion 749 (NYSBA 749) echoed Secretary Stimson’s view in saying that "lawyers may not ethically use available technology to surreptitiously examine and trace e-mail and other electronic documents."
In this article we will consider NYSBA…
Legal Malpractice Judgment Rule in Kentucky
The Legal Malpractice News blog reports:
"Upon entering a legal malpractice case to a trial court in Kentucky, the court stated to the jury:
Provided, however, a lawyer cannot be held responsible for errors in judgment or for advising a course of action even if that course of action ultimately proves to be unsuccessful.
Legal Malpractice Case changes the Void ab Initio Principal in Illinois
From the Legal Malpractice Insurance blog:
"On Monday, February 20, 2006, the Illinois Supreme Court submitted an opinion in a legal malpractice case, which has now changed the way the doctrine of void ab initio will be used in Illinois. For 92 years the Illinois supreme court have used the U.S. Supreme Court case…
Ohio Decision on Legal Malpractice Case
From The Briefcase Blog:
8th District affirms $2.4 million legal malpractice award where plaintiffs claimed that lawyers’ lack of preparation led to inadequate settlement; excellent analysis of causation requirement in legal malpractice cases in Ohio.
“Informed Consent” and Legal Malpractice
Arnoff & Jacobs write in the 3/2/07 NYLJ about "informed Consent and Legal Malpractice"
"Even most laypersons know what informed consent is in the context of dental and medical practice. An interesting and important issue to address is when informed consent comes into play in a legal malpractice action, both as a claim and defense.
LA Publicist and Legal Malpractice
This article is from the subscription Law.Com. "LOS ANGELES – A publicist who entered into a fee-sharing agreement at the insistence of a client failed to demonstrate how she was damaged by the failure of a law firm to notify her that it had previously represented the client, a California court held Feb. 4 in…
“Judicial Reversal” and Legal Malpractice
This reversal report is taken from "Judicial Reports" which has a unique listing of all appellate reversals. "CIVIL PROCEDURE, LEGAL MALPRACTICE: Justice Gonzalez gave another litigant way too much leeway in another case. She let Juan Garcia make numerous changes in his deposition testimony, even though Garcia failed to timely submit a statement of…
“Emboldened Clients” and Legal Malpractice
This is taken from the Law.Com subscription site. "The statisticians and insurers are constantly whining and warning about the increase in legal malpractice cases, attorney Claude E. Ducloux writes. Even the most respected firms are being caught up in the malpractice web, as changes in laws and attitudes have emboldened clients to complain publicly, loudly…
A Short Primer on the Retaining Lien
The case in subscription form
"Matter of Gonzalez v. Thelen Reid & Priest LLP, 114877-2006
Decided: February 9, 2007
Justice Carol Robinson Edmead
NEW YORK COUNTY
Supreme Court
"There are two separate and distinct classes of liens available to attorneys at law: (1) a general common-law or retaining lien on all property, including papers, books…