News & Analysis as of

Attorney Malpractice

Hinshaw & Culbertson - Lawyers for the...

Illinois Law Firm Recovers No Attorney's Fees After Trial Court Concluded The Firm Breached Its Fiduciary Duties

Scot Vandenberg v. RQM, LLC, 2020 IL App (1st) 190544 - Brief Summary - An Illinois appellate court affirmed the adjudication of a firm's attorney's liens down to zero, where the discharged firm failed to provide any...more

Novack and Macey LLP

Attorney May Testify as Expert on Standard of Care, Not on Legal Conclusions that Determine Outcome of the Case

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Clay Cox (“Cox”), successor trustee for a coop formed to build and operate an ethanol facility, sued attorneys Michael Evans and Nancy Schell and their law firm, Froehling, Weber, Evans & Schell, LLP, (together “Defendants”)...more

Novack and Macey LLP

Missing Out on a Possible Jury Instruction is Insufficient to Allege Causation

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Attorney Brian LaFlamme (“LaFlamme”) represented Durwyn Talley (“Talley”), an inmate with the Illinois Department of Corrections, in a civil rights action related to the conditions Talley endured at a correctional center. ...more

Novack and Macey LLP

Defendant May Not Sue His Public Defender for Legal Malpractice in a Civil Rights Suit

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Louis Reed (“Reed”), an inmate of the Illinois Department of Corrections, sued state’s attorney Dora Mann (“Mann”), his public defender Judy Steele (“Steele”), Susan and Don Wall (the “Walls”), and Judge Ronald Slemer (“Judge...more

Novack and Macey LLP

The Attorney Litigation Privilege in Action

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Randy Brown (“Brown”) sued his former attorney, Elizabeth Bacon (“Bacon”), for malpractice. During that litigation, Bacon’s counsel, Thomas McGarry (“McGarry”), sent allegedly defamatory letters to Brown’s attorneys,...more

Novack and Macey LLP

Related Litigation Did Not Forestall Suit for Legal Malpractice

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Joseph Mizrachi (“Mizrachi”) retained attorney Lawrence Ordower (“Ordower”) to represent him in connection with his plan to invest in an LLC. Mizrachi intended the transaction to give himself, Ordower, and Seymour Holtzman...more

Chiesa Shahinian & Giantomasi PC

Matrimonial Mayhem Fueled by Legal Malpractice?

A husband and wife become enmeshed in an acrimonious divorce. Nothing new there. Add in the following shocking allegation, just raised by the wife: her husband’s lawyer aided the husband in installing malware on her computer,...more

Dentons

Minimizing the Risk of Legal Malpractice Claims Amid a Pandemic

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As the COVID-19 pandemic continues, law firms are adjusting to changing circumstances and client expectations. However, it remains unknown how the pandemic will impact claims against attorneys going forward. Will there be a...more

Hinshaw & Culbertson - Lawyers for the...

Continuous Representation Doctrine Does Not Toll Statute of Limitations Where Attorney Withdraws in Appellate Court

Huyen Nguyen v. Karen Ellen Ford, No. H046809, 2020 Cal. App. LEXIS 411, at *1 (Ct. App. Apr. 24, 2020). Brief Summary - The court held that plaintiff's claims for legal malpractice and breach of fiduciary duty against...more

Novack and Macey LLP

Non-Answers, Conclusions, Opinions, and Deductions are not Perjury

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Edwin Johnson (“Johnson”) sued the law firm Gardiner Koch Weisberg & Wrona (“GKWW”) and one of its partners for legal malpractice. In that matter, Johnson’s attorneys deposed attorney Jacqueline Bammert (“Bammert”) of GKWW....more

Novack and Macey LLP

Legal Fees as a Measure of Damages

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Maria Freda (“Freda”) sued her attorney, Michael Canulli (“Canulli”), in connection with his representation of her during her divorce. Canulli’s professional liability insurer, the Illinois State Bar Association Mutual...more

Novack and Macey LLP

False Advertising and the Unauthorized Practice of Law

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Access Care MSO, LLC (“Access”) hired Oberheiden Law Group, PLLC (“Oberheiden Law”) to advise it with respect to medical compliance issues in Texas and Illinois. It chose Oberheiden Law based on the firm’s web-based...more

Hinshaw & Culbertson - Lawyers for the...

Ninth Circuit Affirms Summary Judgment for Defendants Based on Plaintiffs' Failure to Present Expert Testimony

Plaintiffs appealed the district court's order granting summary judgment in favor of defendants on plaintiffs' legal malpractice and breach of fiduciary duty claims. Plaintiffs alleged that defendants were negligent in...more

Hinshaw & Culbertson - Lawyers for the...

Alabama Civil Appeals Court Holds Error in Judgment Rule Requires Expert Testimony to Establish Standard of Care

Schaeffer v. Thompson, Ala. Cov. App. LEXIS 25 (2020) - Brief Summary - The Alabama Civil Court of Appeals reversed a trial court's grant of summary judgment in favor of defendant on plaintiffs' legal malpractice...more

Novack and Macey LLP

Breach of the Standard of Care Must be the Proximate Cause

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Richard Sharif (“Sharif”) sued his former attorney, William Stevens (“Stevens”), for legal malpractice in an underlying matter. He alleged that Stevens failed to comply with discovery and failed to properly raise arguments...more

Novack and Macey LLP

No Proximate Causation for Alleged Malpractice in an Unwinnable Case

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Debra and William Elam (“Plaintiffs”) hired the law firm O’Connor & Nakos, Ltd. and attorney Daniel V. O’Connor (“Defendants”) to represent them in a wrongful death action against several entities following the death of their...more

Hinshaw & Culbertson - Lawyers for the...

Utah's District Court Dismisses Malpractice Action Against Florida Firm Based on Lack of Jurisdiction

R.M. v. Dennis, Jackson, Martin & Fontela, P.A., 2020 U.S. Dist. LEXIS 68115 Brief Summary - Utah's federal district court granted a motion to dismiss filed by a Florida-based law firm and its associate (collectively...more

Novack and Macey LLP

Legal Malpractice Requires Causation and Damages

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McHenry Savings Bank (“MSB”) sued attorney Michael Cortina and his law firm, SmithAmundsen (“Defendants”), for legal malpractice arising from their representation of MSB in an unsuccessful foreclosure action. The trial court...more

Chiesa Shahinian & Giantomasi PC

Does Privilege Apply to Communications Between a Legal Malpractice Plaintiff and Its New Attorney in the Underlying Lawsuit?...

It is generally known and accepted that a client who sues its attorney waives the attorney-client privilege as to the alleged malpractice the client has placed at issue in the litigation. The easiest examples of “at issue”...more

Chiesa Shahinian & Giantomasi PC

Attorneys: Six Tips to Protect Yourself from Malpractice Claims in Today's COVID-19 Environment

1. Deadlines. Make sure that for any motion or deadline that is changed that the old one is deleted and the new one is circulated at least on Outlook. If there is any confusion about a deadline someone should get guidance...more

Ulmer & Berne LLP

[Webinar] Legal Ethics: Meeting Professional Obligations in the Midst of and in the Aftermath of the COVID-19 Pandemic - April...

Ulmer & Berne LLP on

Join Ulmer attorney Alvin Mathews for a complimentary webinar as he discusses how to meet professional obligations in the midst of and in the aftermath of the COVID-19 pandemic. Alvin will review competence, diligence and...more

Novack and Macey LLP

Making Allegations in Another Case Demonstrates Knowledge for Statute of Limitations

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Edward Shrock (“Shrock”) and Robert Meier (“Meier) were both members of Baby Supermall, LLC (“BSM”). In November, 2016, Shrock and BSM sued Ungaretti & Harris Ltd. (“Ungaretti”) and others for aiding and abetting Meier in...more

Rivkin Radler LLP

NY Court of Appeals Issues New Decision Regarding Judiciary Law § 487 Claims

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The New York State Court of Appeals recently issued an important opinion on a question that often arises in legal malpractice cases: What consequences befall attorneys who encourage their client to bring a case that they know...more

Goulston & Storrs PC

Prior Work Conflicts in the Age of COVID-19

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It is always the case that lawyers and law firms must stay attuned to the possibility of prior work conflicts: conflicts of interest that arise when a firm’s interest in protecting its own prior work, or protecting the firm...more

Novack and Macey LLP

Consulting Another Attorney Starts the Clock

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Anne Anderson (“Anderson”) sued attorney Denise Kuzniewski (“Kuzniewski”) for legal malpractice during the dissolution of Anderson’s marriage. Kuzniewski moved for summary judgment, arguing among other things that Anderson’s...more

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