Attorney Malpractice

News & Analysis as of

Illinois Supreme Court Holds Innocent Misrepresentation on Malpractice Renewal Grounds for Rescission

A law firm partner innocently repeats a misrepresentation by one of his or her partners on a renewal form for the firm’s malpractice insurance. Can the misrepresentation be grounds for completely rescinding the policy? On...more

New Jersey Appellate Division Holds that Affidavit of Merit Must be Issued by a Professional within the Same Profession as...

Hill International, Inc. v. Atlantic City Board of Education, 2014 N.J. Super. LEXIS 177 (App. Div. Dec. 30, 2014) - The Superior Court of New Jersey, Appellate Division held that, in order to support of claim of...more

NJ Supreme Court Hears Argument on Whether Disgorgement of Employee’s Salary Requires Economic Damages

In Kaye v. Rosefielde, a case alleging fraud and malpractice against a former general counsel, the New Jersey Supreme Court recently heard oral arguments on whether the Appellate Division erred in affirming that economic...more

Professional Liability Alert: Joint Client Can't Claim Privilege For Communications With Attorney Sued By Another Joint Client

In Anten v. Superior Court (No. B258437 – Filed 1/30/2015), the Second Appellate District held that when joint clients do not sue each other, but one of them sues their former attorney, the nonsuing client cannot prevent the...more

Caution: Read (and understand) before signing…contributory negligence bars legal malpractice suit

Under North Carolina law contributory negligence is a complete defense to all types of negligence claims including legal malpractice. Summary judgment is appropriate in NC if a plaintiff is contributory negligent....more

Illinois Supreme Court Debates Applicability of Innocent Insured Doctrine

Does the innocent insured doctrine – which provides that one of multiple insureds doesn’t necessarily lose coverage if he or she wasn’t involved in a breach – apply to renewal applications? That’s the question the Illinois...more

Professional Liability and Attorney-Client Privilege Bulletin: Intra-Law Firm Communications

In a case of first impression in California, Edwards Wildman Palmer LLP v. Superior Court (No. B255182 - filed November 25, 2014), Division Three of the Second District Court of Appeal addressed the question of whether the...more

Illinois Supreme Court Adopts Measure of Malpractice Damages in Securities Cases

Last month, the Illinois Supreme Court handed down its unanimous decision in a case being closely watched by the local bar associations – Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman. Goldfine involved the issue of...more

NY Court of Appeals holds that a client’s failure to appeal bars a legal malpractice action only where the client was likely to...

Addressing a question of first impression in Grace v. Law, et al., the Court of Appeals adopted the plaintiff-client’s contention that a “likely to succeed” standard should be applied, rejecting the defendant-attorneys’...more

“Uncollectibility” Is an Affirmative Defense to Legal Malpractice Claims in Washington

The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that “uncollectibility” is an affirmative defense to...more

Do Lawyers Professional Liability Policies fall within the “no prejudice” amendments to New York’s Insurance Law for late notice?

The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the “no prejudice” rule, applies to all liability policies, which arguably...more

Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor...more

Appellate Court Notes

?AC35507 - State v. Wright - ?AC35289, AC36395 - Southport Congregational Church-United Church of Christ v. Hadley - The doctrine of equitable conversion did not apply when the decedent contracted to sell real...more

Bridging the Week - September 2014

CFTC Sues Lawyer in Federal Court for Aiding and Abetting Clients’ Legal Violations - Jay Grossman, a Florida-based attorney, was sued by the Commodity Futures Trading Commission in a federal court in Florida for...more

Complaint Alleges Malpractice in Claims Drafted for Push Up Bra Inserts

Runberg, Inc. d/b/a Zephyrs v. McDermott, Will & Emery LLP, et al. - Case Number: 652543/2014 - Runberg owns U.S. Patent No. 8,216,021 (“Engineered push up insert”), which claims a kidney-shaped push up insert...more

Practicing Defensive Lawyering: Leaving No Stone Unturned In the Land Where the Unicorn is the National Symbol

It’s easy to criticize medical professionals when we believe they are engaged in “defensive medicine”. The fear of legal liability in a future malpractice action sometimes drives medical professionals to order tests or take...more

Court decides when statute of limitations for "wrongful act or omission" against counsel begins

In Lee v. Hanley the California Court of Appeal for the Fourth District decided an issue concerning the interpretation of the one-year statute of limitations relating to allegations of wrongdoing in the performance of...more

Massachusetts Court Holds No Coverage Under Lawyers’ Malpractice Policy for 93A Claim

In its recent decision in Am. Guar. & Liab. Ins. Co. v. Lamond, 2014 U.S. Dist. LEXIS 103117 (D. Mass. July 29, 2014), the United States District Court for the District of Massachusetts had occasion to consider what portion...more

New Statute of Repose for Legal Malpractice Actions in Tennessee

The Tennessee General Assembly, which recently ended its legislative session, implemented a new statute of repose for legal malpractice actions. Professional malpractice suits against licensed public accountants, certified...more

Illinois Supreme Court Debates Damages Measures for Malpractice in Securities Cases

Our reports on the oral arguments from the May term of the Illinois Supreme Court continue with Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman. Goldfine poses a number of issues about legal malpractice actions arising...more

Are You Committing E-Discovery Malpractice?

Although this protection is helpful, it is limited by the court’s ability to determine whether a party’s actions were reasonable. Parties therefore should take the matter out of the court’s hands by leveraging other...more

New York Court: Insurer's Failure To Defend Does Not Waive Coverage Defenses

New York’s highest court recently held that an insurer that does not defend its insured may, if later sued by the policyholder seeking coverage, plead policy exclusions as a defense to the coverage claim....more

Offshore Lawyers' Liability: Recent Developments

Offshore lawyers (including international “offshore magic circle” firms, sole practitioners, high street firms, and boutique practices) are exposed to significant risks in the course of their work, particularly in the...more

District Court Declines To Consolidate Disputes Arising Out Of Two Reinsurance Contracts

Plaintiff Georgia Casualty & Surety Company entered into two reinsurance contracts with Defendant Excalibur Reinsurance Corporation, formerly known as PMA Capital Insurance Company. Both reinsurance contracts contained...more

Insurance Recovery Law - Mar 13, 2014

Courts Hold that Involvement of Lawyers Insufficient Basis to Withhold Routine Insurer Fact Investigations Materials: Why it matters - These cases confirm that insurers cannot hide claims-handling and similar...more

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