Asbestos settlements have changed the landscape of tort law, and especially mass tort law.  Back in the mid ’90s asbestos cases started to cascade and overwhelm the system.  The defense bar’s response was to try to streamline the process.  While this may seem counter intuitive, the intersection between defense costs and settlement costs, especially when…

The question of when a legal malpractice claim belongs to the debtor and when it belongs to the debtor’s estate is of strong significance.  If the former, plaintiff may hire his own attorney and proceed; if the latter, then the trustee in bankruptcy or debtor’s estate holds the reins.  Here, from Bankruptcy Law Network…

Thank you for reading our commentary this year.  We wish a wonderful holiday season to all.  We’ll be returning on January 2, 2009.

A sole shareholder of a closely held corporation hires an attorney.  The retainer agreement does not always reflect that the attorney is representing both the individual and the corporation, and at the begining it probably means little.  After a progression into a legal malpractice case it may well take on epic porportions.  Here, in this…

The answer to this question is a qualified yes.  Attorney fees, which are unearned by virtue of the malpractice, or other fees which are spent to rectify the situation may be collected.  Here is a case from the Third Deparment on the issue. LEACH  Appellant, v.BAILLY et al., Respondents.

"Finally, turning to plaintiff’s arguments…

We want to take this occasion to wish everyone a Merry Christmas and  a Happy New Year.

This holiday season has been one long story about bad economic news, swindles, bad investments, and hedge funds.  One meme of this blog has been that legal malpractice litigation is ubiquitous, and intertwined with all aspects of our world.  This is simply a reflection of the integration of law and lawyers in all aspects of…

Arbitration and legal malpractice form an uneasy fit.  One reason is that discovery is limited; another is that the case is decided by a panel of attorneys.  While in many ways a panel of "wise men" may be preferable, in legal malpractice plaintiff will generally prefer a jury.

Juries trend towards a less highly technical…