Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:
Law Prof: I May File Law School Ethics Charges
Bill on Bankruptcy: Fee Agreement Puts Law Firm In Trustee's Sights
Ponzi Schemer Marc Dreier Confesses 'Sins' in New Film
Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker...more
In This Issue:
- AC34039 - Landmark Investment Group, LLC v. Calco Construction & Development Co.
- AC33614 - Dorreman v. Johnson
- AC34253 - Klemonski v. University of Connecticut Health Center ...more
On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more
In August 2012, three different courts issued rulings which hold that vague, block billed time entries—which have long been the bread-and-butter of most law firms—just aren't a very accurate or reliable reflection of how much...more
The recent decision by New York’s Appellate Division, First Department, in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 2012 N.Y. App. Div. LEXIS 16 (Jan. 3, 2012) illustrates the dangers under New...more
Miller Rosenfalck represented the Claimant Emmet Thomas Scullion in an Appeal made by Bank of Scotland Plc (trading as Colleys) which was heard by the Court of Appeal on 23 May 2011.
Judgment was handed down by The Court of...more
The California Supreme Court has taken a firm position as to when a lawyer may oppose a client on a matter on which the attorney has worked, and the position is “virtually never”. The Court issued its opinion in Oasis West...more
"Increased milaeage" agreement allows the attorney and client to go those extra miles to obtain a great result.
More businesses are asking lawyers to prosecute cases on a contingency or reduced rate. A straight contingency...more
A summary and discussion about SEC v. Thor Industries, including the allegations, the remedies, who did or did not do what, and improvements that could be made by the SEC and in governance and risk....more
On May 16, the California Supreme Court handed down a decision holding that an attorney may violate his duty of loyalty by publicly opposing a development project that he at one time had been engaged to promote.
The California Supreme Court recently held in Cassel v. Superior Court, 51 Cal. 4th 113 (2011), that California’s statutory mediation privilege prevents the disclosure of private communications between an attorney and...more
With the recent decision of the Ontario Court of Appeal in Krawchuk v. Scherbak, it is becoming clear that the Courts are holding real estate professionals to a higher standard, given the reliance their clients place on their...more
In this article, Michael Axe looks at some of the arguments on quantum that can be put forward by both Claimants and Defendants in Business Interruption claims.
Business interruption claims can arise in a wide variety of...more
In this article, we look at how the courts assess damages in 'loss of chance' cases. Michael Axe also reports on the English Court of Appeal's recent warning regarding the dangers of applying these principles to commercial...more
In professional negligence claims, proving that the professional was negligent is only half the battle. In this article, Michael Axe looks at how it is not always a straightforward matter to prove that the negligence was the...more
New North Carolina case hits architecture firm for failing to coordinate in Design-Bid-Build construction project....more
When a construction project goes awry, who can you sue, and what theories are available to you? If you have a contract, you may not be able to sue under a negligence or "tort" theory because of the application of the...more
Public and private company audit committee responsibilities and risk management....more
A paper discussing nonprofit audit committee functions and responsibilities....more
Governance lessons learned from SEC v. Con-way, Inc....more
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