Anthony Lin in the NYLJ reports today that a Surrogate has recused himself over whether an attorney appearing before him made significant campaign contributions, This appears to be happening more often, and when tied in with Clarence Norman style issues [insider attorneys, connections between judges and election payments] may well become a legal malpractice issue
Blog Articles
New Jersey, Legal Malpractice and Loss of Coverage
Here is a [subscription only] blurb from the NJLJ, which mirrors NY. Fail to advise the carrier of a potential claim, and you may not have coverage. "An applicant for legal malpractice insurance who fails to disclose known facts that could lead to a malpractice claim, even if no claim has been filed, may be…
It’s Not Legal Malpractice, but…
For a new and interesting take on criminal law, look at Simple Justice. This is a new blog on Criminal law by an extremely experienced practitioner, Scott Greenfield.
How to Avoid Legal Malpractice Law Suits
Here is a short but interesting list of things to do to avoid lawsuits.
"Eight steps to safeguard your business
Professional contract agreements.
Documentation and tracking changes.
Checking work.
Communications with the client.
Early recognition of potential disputes.
Early recognition of potential disputes.
Meeting budgets
Costs.
Time.
Fees and charges
One Take on Mandatory Legal Malpractice Insurance
Susan Cartier-Liebel’s Solo Law Blog puts this argument forward: mandatory legal malpractice insurance is unnecessary, because it would not benefit clients, only subject attorneys to sky-high premiums.
She writes: "Huh? What I can tell you is this: forcing lawyers to purchase malpractice insurance for this purpose would itself be a crime. It’s called extortion……
And…
Return of Attorney Fees in Criminal Defense Legal Malpractice
Hinshaw reports this case:
Client may not recover fees paid to criminal defense attorney whose representation was ineffective in part
"The Vermont Supreme Court has held that a client is not entitled to assert a breach of contract action against a criminal defense attorney to recover fees paid for ineffective representation where at least some…
Assignments and 3d Party Legal Malpractice Liability
From the South Carolina Appellate Blog:
Friday, February 23, 2007
South Carolina Court of Appeals holds that attorney owes a duty to third parties to distribute settlement proceeds
In Moore v. Weinberg, after the settlement of litigation and receipt of proceeds, attorney distributed all the money and in the process overlooked an Assignment, which he…
Boston Firm and $ 59 Million Malpractice Case
Web CPAblog reports:
"Boston Firm Faces Malpractice Suit
Boston (Feb. 23, 2007) – Vitale Caturano & Co. is facing a malpractice lawsuit for allegedly failing to properly investigate a number of red flags that could have tipped a prominent New England family off to the looting of some $57 million from its trust funds.
False Imprisonment and potential Legal Malpractice
A big change in the False imprisonment law, coupled with an analysis of 42 USC 1983 changes comes from the "lawyer Dude’s" blog.
"This is a hopefully going to be a short post. Last week (in fact the day after the court heard argument in Rita/Claiborne) it announced its decision in Wallace v. Kato. The…
Local Attorneywho won’t return Down Payment may be guilty of Contempt
Astrada v. Archer, 34401/05
Decided: February 14, 2007
Justice Arthur M. Schack
KINGS COUNTY
Supreme Court
"The instant action resulted from a real estate contract that never closed. I granted summary judgment to plaintiff and made the following order on December 21, 2006, in relevant part:
that within 10 days after notice of entry of…