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Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:

Federal Court Retains Jurisdiction Over Action Stayed For Arbitration, Pre-Empting State Court

by Carlton Fields on

Following Davis’s filing of a federal lawsuit alleging state malpractice and breach of contract claims, as well as federal Fair Housing Act and Civil Rights Act claims, the Court ordered the action be stayed pending...more

Professional negligence: Another decision on liability for identity theft leaves the law uncertain

by Dentons on

In Dreamvar (UK) Limited v (1) Mishcon de Reya (a firm) and (2) Mary Monson Solicitors Limited [2016] EWHC 3316 (Ch), Mr David Railton QC, sitting as a Deputy High Court Judge in the Chancery Division of the High Court of...more

Trustee Lacks Standing to Assert Legal Malpractice Claims on Behalf of Debtors

by PretiFlaherty on

The Massachusetts Bankruptcy Court (Panos, J.) dismissed an adversarial proceeding complaint brought against debtor’s counsel which alleged legal malpractice. The trustee alleged that debtor’s counsel committed malpractice...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

10 Questions to Ask your Law Firm Vendor Management Program (Part 1)

Law firms providing mortgage servicer clients default-related legal services are vendors, and financial services companies need to treat them as such. Not only that, law firms often interact directly and continuously with...more

AOL, Dropbox and the Big “uh-oh”

A New York couple brought suit against their former law firm because it used an America Online account to transact firm business. If you are my age you probably remember that AOL and “You’ve got mail!” were the future—back...more

Professional negligence: conveyancers on both sides of a property purchase found liable to a defrauded buyer

by Dentons on

In Purrunsing v. A'Court & Co (a firm) and House Owners Conveyancers Limited (2016) EWHC 789 (Ch) Judge Pelling QC in the Chancery Division of the High Court held that both the buyer's and seller's conveyancing solicitors...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Real Estate E&O Policy Exclusions Arising from Bank-Owned Properties

From the 2015 PLUS Conference session “2015 Real Estate E&O Trends,” Mike Smith (Axis Insurance Services), Eric Myers, RPLU (Victor O. Schinnerer & Co.) and Gary Shendell (Shendell & Pollock) discuss the real estate E&O...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

Appellate Court Notes

by Pullman & Comley, LLC on

- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

Appellate Court Notes

by Pullman & Comley, LLC on

SC18961 - Robbins v. Physicians for Women's Health, LLC - The plaintiff filed this medical malpractice against a hospital, the doctor, the midwife, and the company (“PWH”) that bought the assets of the hospital after...more

A valid Massachusetts testamentary trust may now arise under a will that was not fully executed (signed by the will witnesses)...

by Charles E. Rounds, Jr. on

Massachusetts has broken new ground in allowing a will to be fully executed (signed by the will witnesses) after the death of the testator, with no time period specified. In the upcoming 2014 edition of Loring and Rounds: A...more

Appellate Notes: Week of July 15th

by Pullman & Comley, LLC on

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Legal Notebook: Hunt & Hunt Lawyers v Mitchell Morgan Nominees PTY LTD (ACN 108 571 222) And ORS – High Court Appeal (Australia)

by DLA Piper on

Snapshot - Readers of this journal may recall the judgment of Mitchell Morgan Nominees Pty Limited v Vella [2011] NSWCA 390, which we covered in the Legal Notebook section of the March 2012 edition. That judgment...more

Is That Covered? How Long Should I Keep an Insurance Policy?

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

Home Loan Modification Help FAQs from the State Bar of California

by Christine Kingston on

Senate Bill 94 does not prevent an attorney from earning fees for helping consumers with home loan modifications. However, no one can accept fees up front for the work, nor can they place fees in their trust...more

Construction Contracts: Best Practices for Minimizing Risk

by Melissa Dewey Brumback on

Reducing risk starts before the ground is broken on a construction project. Construction contracts are unique in that they anticipate change will occur during the project for a multitude of reasons. However, not even the...more

Appellate Notes: Week of February 18

by Pullman & Comley, LLC on

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

CFPB gets preliminary injunction in mortgage relief assistance case

by Ballard Spahr LLP on

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

Attorney Gambles Chasing Fees and Loses Big

by Carlton Fields on

Originally published in Litigation News, American Bar Association (November 2012). As lawyers often advise their clients, any litigation involves some element of risk, and “there is no such thing as a slam dunk.” A...more

Opinion Letters – Do's and Don'ts (Ethics, Professionalism and Malpractice Avoidance)

by Nexsen Pruet, PLLC on

Originally published in Volume 34; Number 1 - Real Property e-newsletter, The Official Publication of the Real Property Section of the North Carolina Bar Association - September 2012. This article contains practical...more

Be Sure to Read the Fine Print In a Consultant's Proposal

by Cole Schotz on

When hiring an environmental consultant, it is important to carefully review the terms and conditions governing the agreement between you and your consultant. One of the key components of the professional services agreement...more

Taxing Times: HMRC set to fine firms £3,000 for "assisting in preparation of incorrect SDLT returns"

by Martin Callan on

Her Majesty’s Revenue & Customs (“HMRC”) has announced that it intends to start imposing the maximum penalty of £3,000 in respect of online and paper SDLT returns under section 96 of the Finance Act...more

Asset Protection and The Title To Your Home - Common Mistakes

by IKE DEVJI on

A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more

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