News & Analysis as of

Attorney Malpractice

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

Eleventh Circuit Holds Insurer Not Liable for Defense Counsel’s Malpractice

In its recent decision in Kapral v. GEICO Indemnity Co., 2018 U.S. App. LEXIS 1937 (11th Cir. Jan. 23, 2018), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider under...more

Who Can Sue an Attorney—and How to Stop Them

by Dentons on

Unlike some other torts, the class of plaintiffs who can bring legal malpractice claims against attorneys is fairly limited. Generally speaking, legal malpractice claims can only be raised by a limited set of people to whom...more

Learning from 2017 and Looking Forward to 2018

by Dentons on

The end of the year is an ideal time for attorneys to look back on the recent developments in legal malpractice law that may impact their practices for years to come. It is also a good time for attorneys to look forward to...more

Tips for Ensuring Compliance With Ethical Obligations

by Dentons on

Most attorneys are aware of the ethical obligations owed to clients and take them seriously. However, instead of simply assuming that their attorneys are in compliance with their ethical obligations, law firms can take steps...more

You're Facing a Malpractice Claim; Don't Make a Bad Situation Worse

by Dentons on

Receiving a legal-malpractice claim threatening potential litigation can be scary. While many attorneys take steps to avoid such claims, few have a plan for what to do after they receive one. Reviewing any applicable...more

Legal Malpractice – a Cautionary Carol

by Nexsen Pruet, PLLC on

Sometime prior to 2009, a lawyer closed his law practice in South Carolina and moved to another state. Unfortunately, his ghost remains in South Carolina, providing cautionary tales this Christmas season for all lawyers....more

Litigation Funders’ Collateral Did Not Include Malpractice Claims

When the fallout from failed intellectual-property litigation collides with bankruptcy, the complexities may be dizzying enough, but when the emerging practices and imperatives of litigation financing are imposed on those...more

Accountancy Forum Newsletter - December 2017

by Reed Smith on

In this edition, we have drafted an article on the recent FRC sanctions and we have also included short summaries of recent cases and items of interest to our target audience. At the end of the newsletter, you will also find...more

Legal Malpractice Case Dismissed for Lack of Personal Jurisdiction under Illinois Long Arm Statute

by Hinshaw & Culbertson LLP on

Brook, as Trustee of the David North II Trust, successor to the assets of Cortina Financial, Inc. v. McCormley, et al., No. 16-4255 (7th Cir. 2017) Brief Summary - The Seventh Circuit affirmed the district court's...more

Three Key Things to Consider on Motions to Disqualify

by Dentons on

While some motions to disqualify are nothing more than a litigation tactic, others raise legitimate questions regarding the ethical obligations owed by the attorney and her or his law firm to former clients....more

Attorney’s Expert’s Affidavit on Causation Sufficiently Detailed to Withstand Summary Judgment

by Hinshaw & Culbertson LLP on

Starwood Management, LLC by and through Norma Gonzalez v. Don Swaim and Rose Walker, LLP, Texas Supreme Court Number 16-0431 (September 29, 2017) - Brief Summary - The Texas Supreme Court overturned the trial court and...more

The Lawyers' Lawyer Newsletter - Halloween Issue October 2017

by Hinshaw & Culbertson LLP on

Client Intake — Due Diligence — Liability to Parties Other than Client — Holding Funds in Trust - P&P Property Ltd. V. Owen White & Catlin LLP, et al. 2016 WL 05484797 (English High Ct. of Justice, Chancery Div. 2016)...more

Clear Notice of Alteration of the Attorney-Client Relationship

by Wilson Elser on

In Thomas Cesso v. Gary Owen Todd, Massachusetts Appeals Court 16-9-76 (August 28, 2017), the Massachusetts Appeals Court held that filing a notice of withdrawal does not necessarily terminate the attorney-client...more

Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into...

by Jaburg Wilk on

The Holding - In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice...more

Accountant and Attorney Liability NewsBrief - Fall 2017

by LeClairRyan on

Our attorneys have published the Fall 2017 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief. In this issue: - Supreme Court Limits SEC Disgorgement to Five Years - Revised Form I-9 Released:...more

Avoiding Legal Malpractice Claims Arising From Mediation

by Reminger Co., LPA on

In today’s legal landscape, the settlement of litigation is often reached outside of the courtroom, as parties resort to mediation either by their own volition or due to court mandate. To encourage the use of mediation,...more

San Antonio Businessman Sentenced To Four Years in Prison for Defrauding Personal Injury Clients, the Bankruptcy court, and the...

by Moskowitz LLP on

From 2009 through 2014, Elpidio Gongora (aka “Pete Gongora”), operated a number of personal injury law offices in Texas, Arkansas and New Mexico. The lawyers in these firms apparently obtained settlements on behalf of their...more

Legal Malpractice Claims Level Off as Conflicts and Cyber Claims Rise

by Dentons on

Statistics regarding the type, frequency and severity of legal malpractice claims submitted to insurers during 2016 were released at the end of June. From the law firm and attorney perspective, the news is generally good in...more

Florida Court Holds Prior Knowledge Exclusion Precludes Coverage for Malpractice Suit

In its recent decision in Farbstein v. Westport Ins. Corp., 2017 U.S. Dist. LEXIS 125990 (S.D. Fla. Aug. 9, 2017), the United States District Court for the District of Florida had occasion to consider the application of a...more

Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names Pursuant...

by Carlton Fields on

In this case, an Illinois appellate court held that Section 2-403 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-403, required the reinsurers and insurer of Developers Surety and Indemnity Co. (“DSI”) a surety, to file...more

Legal Malpractice Claims Against Estate Planning Attorneys in Virginia: Post-Thorsen Legislation

by LeClairRyan on

The legal landscape in Virginia regarding claims for legal malpractice against estate planning attorneys changed significantly this past year when the Virginia General Assembly adopted legislation to address the issues raised...more

Monkey See… Now, How NOT To Do

Wells Fargo’s inadvertent production of personal identifying information (“PII”) in a case involving a former employee became national news when the New York Times broke the story late last week. Discovery practices are...more

No Rules, Just Be Right? The ABA's New Technology Ethics Opinion

by JD Supra Perspectives on

On the heels of the recent Petya ransomware attack, which infected DLA Piper's IT systems, a superb analysis by Peter Norman of the ABA's Formal Opinion 17-477R on lawyers' ethical responsibilities when using information...more

Maine Court Holds That Expert Testimony is Required to Prove Causation in Legal Malpractice Action

by Hinshaw & Culbertson LLP on

Brooks v. Lemieux, 2017 WL 1056194 (Me. 2017) - Brief Summary - The Maine Supreme Judicial Court recently held that expert testimony based on supporting facts in the record was required to prove causation between an...more

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