Decedents, Estates, Administrators, Lawsuits. This area of legal malpractice is extraordinarily twisted and difficult when asserting privity. Take for example the question of an executor suing the decedent’s attorney [who prepared the will] or the estate’s attorney [who offered the will for probate.] They are not necessarily the same person, and different statutes of limitation
Legal Malpractice News
Judge Recuses Himself in Legal Malpractice Case
We reported on this Pennsylvania case last week, having come across several previously unknown words in the decision and article, such as prothonotary. Here is a follow up article in which the judge recuses himself after the verdict.
"Luzerne County President Judge Mark A. Ciavarella Jr. has recused himself from making post-trial rulings in…
How Do You Forget to File a $19 Million Legal Malpractice Case?
Chicago Business Litigation Lawyer Blog reports that a huge class action legal malpractice case against DLA Piper Rudnick has been dismissed. Plaintiff’s and defendants had entered into a tolling agreement that was amended and went on for several years. This case was valued at over $ 19 million dollars. After several amendments of the tolling agreement…
Sanctions and Frivolous Behavior in Legal Malpractice
Here, we have Section 130 and Rule 11. In South Carolina, there are frivolous law suit penalties and sanctions too. Ex Parte Gregory v. Malloy. is the rather unflattering story of one legal malpractice attorney who went ahead and started a ridiculous suit, all for naught.
Plaintiff is injured in an automobile accident case…
Must the Legal Malpractice Plaintiff Appeal in Florida?
In New York, there is no absolute requirement to appeal a negative outcome prior to bringing a legal malpractice action, nor is there a requirement "not to settle" a case prior to bringing a legal malpractice case. The standard is whether plaintiff was "effectively compelled" to settle.
Here is a Florida Case, Technical Packaging v. …
Legal Malpractice: A Case Within a Case, Within a Case, Within …
This is the type of case that gives litigation [and especially legal malpractice litigation] a bad name. Phung v. Summerville is a well written, reasoned NJ decision which discusses an inexplicable situation. Plaintiff has a nice 12 unit building in Elizabeth NJ. She agrees to sell, but then makes unreasonable demands of the buyers. They…
In California, Notice to Admit Has Bite in a Legal Malpractice Case
In New York a Notice to Admit is a discovery device which is used, but which has a small part in the panaply of discovery weapons. Failure to admit that which is later provded is subject to sanctions and costs, but nominal costs are the usual outcome.
Here, in a report from California Attorney’s fees blog…
Keeping the File, Legal Malpractice and the Retaining Lien
We’ve written about retaining and charging liens, the Judiciary law, and how hearings on attorney fees can have collateral estoppel effects on legal malpractice litigation. Here is aConnecticut case which discusses the same issues, albeit in a habeas corpus and "file retention" setting.
Plaintiff hired the target attorney, had 13 boxes of files…
Pennsylvania Legal Malpractice and Ballard Spahr
Law.Com reports that the law firm of Ballard Spahr won a jury trial yesterday.
Beyond the usual legal malpractice issues and testimony, there was plenty of star power [in a law sort of way] as " famed Florida litigator Roy Black of Black Srebnick Kornspan & Stumpf represented Epstein along with Boca Raton-based Lance W. Shinder…
Right to Independent Counsel in Malpractice Cases
This case, Elacqua v. Physicians Reciprocal Insurers is a medical malpractice matter, in which the doctors had both covered and non-covered claims against them Naturally, the insurance company had coverage for certain of the claims. Although this case is in the medical malpractice area, it is fully applicable to legal malpractice.
The insurer was…