Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Duties: Investigate

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NY: Double Header: Case within a case, Within a Case…Plaintiff’s verdict Upheld

Posted in Case Within a Case, Duties: Investigate, Litigation, New York, Torts/Personal Injury
Christ v Law Offs. of William F. Levine & Michael B. Grossman, 72 A.D.3d 721 (2d Dep’t 2010) NY: Underlying legal malpractice suit Student contributor: Zahava Schwartz Facts: The underlying case was another legal malpractice action where the clients alleged that the lawyer did not timely bring a property damage claim from a sewer backup… Continue Reading

IL: Lawyer Duty of Care to Adversaries–Privity No Bar to Liability

Posted in Commercial, Duties: Investigate, Federal, Illinois, Standard of Care
Greycas, Inc. v. Proud, 826 F. 2d 1560 (7th Cir. 1987) Underlying loan transaction–duty to adversary Student Contributor: Clem Durham Facts: Theodore S. Proud, Jr., a member of the Illinois bar who practices law in a suburb of Chicago, appeals from a judgment against him for $833,760, entered after a bench trial. The original plaintiff,… Continue Reading

SC: Filing Frivolous Action Results in Attorney Sanctions

Posted in Duties: Investigate, Litigation, South Carolina, Standard of Care, Torts/Personal Injury
Ex parte Gregory, 378 S.C. 430 (S.C. 2008) SC: Underlying tort action-settlement Student Contributor: Karen Dindayal Facts:  Jerry Bittle sustained brain injuries from an automobile accident, rendering him mentally incompetent. Bittle’s mother, Melton, retained Malloy to represent Bittle for his injuries. Melton and Bittle reached a settlement with the insurance company for the claims made,… Continue Reading

SC: Filing Frivolous Actions Result in Attorney Sactions

Posted in Duties: Investigate, South Carolina
Ex parte Gregory, 378 S.C. 430 (S.C. 2008) SC: Underlying tort action Student Contributor: Karen Dindayal Facts:  Jerry Bittle sustained brain injuries from an automobile accident, rendering him mentally incompetent. Bittle’s mother, Melton, retained Gerald Malloy to represent Bittle in recovering for his injuries. Melton and Bittle reached a settlement with the insurance company for… Continue Reading

NY Duty to Investigate

Posted in Duties: Investigate, New York
Thompson v. Seligman 53 A.D.3d 1019, 863 N.Y.S.2d 285 (A.D. 3 Dept., 2008). NY: Litigation, Duty to Investigate Student Contributor: Ryan O’Donnell Facts: Plaintiff was employed by AMFAC Recreational Services, Inc. AMFAC regularly provided cleaning services to the Gideon Putnam Hotel. While performing her duties cleaning at the Gideon, plaintiff suffered injuries and retained defendant… Continue Reading

Legal Research and Due Diligence: Hand in Hand in Divorce Cases

Posted in California, Duties: Investigate, Family Law, Standard of Care
Rosemary E. Smith v. Jerome R. Lewis,  12 Cal. 3d 349 (Cal. 1975) CA Underlying divorce action Student Contributor: Evan Michael Hess Facts:  Defendant attorney was retained to represent Plaintiff in a divorce proceeding. The Plaintiff brought the malpractice action asserting Defendant negligently failed to assert Plaintiffs community interest in the retirement benefits of her husband.… Continue Reading

Duty to Investigate and the Statute of Limitations Discovery Rule

Posted in Discovery Rule, Duties: Investigate, New Jersey, Statute of Limitations, Torts/Personal Injury
Brizak v. Needle  239 N.J. Super. 415 (App. Div. 1990) Student Contributor: Maninder (Meena) Saini NJ Underlying  Medical Malpractice Action Facts: Plaintiff-client commenced a malpractice lawsuit against defendant-attorney, alleging the defendant was negligent by failing to file a medical malpractice claim before the expiration of the statute of limitations (“SOL”). The defendant argued that the… Continue Reading

NY: Lawyer Liability Beyond the Scope of the Engagement

Posted in Duties: Investigate, Litigation, New York, Torts/Personal Injury
Thompson v. Seligman 53 A.D.3d 1019, 863 N.Y.S.2d 285 (N.Y.A.D. 3 Dept., 2008) NY: Underlying personal injury; workers compensation Student Contributor: Ryan M. O’Donnell Facts: Plaintiff was employed by AMFAC Recreational Services, Inc. AMFAC regularly provided cleaning services to the Gideon Putnam Hotel. While performing her duties cleaning at the Gideon, plaintiff suffered injuries and… Continue Reading

NJ: Lawyer’s Vicarious Liability for Independent Contractors?

Posted in Duties: Competence, Duties: Investigate, New Jersey, Real Estate, Standard of Care, Vicarious Liability
Toth v. Vazquez, 3 N.J. Super. 379 (Ch. Div. 1949) (PDF with permission of Thomson West) Student Contributor: Anthony J. Forzano NJ Underlying Real Estate Transaction Facts: Plaintiff, a potential land buyer, brought an action for legal malpractice against the defendant-attorney, Arthur A. Wolpin, who had been engaged by the plaintiff to examine the title… Continue Reading

NJ: Duty to Conduct a Reasonable Investigation

Posted in Duties: Investigate, Litigation, New Jersey, Statute of Limitations, Torts/Personal Injury
Brizak v. Needle,  239 N.J. Super. 415, 571 A.2d 975 (1990) Student Contributor: Maninder (Meena) Saini NJ Underlying Statute of Limitations and Duty to Investigate Facts: Plaintiff-client commenced a malpractice lawsuit against defendant-attorney, alleging the defendant was negligent by failing to file a medical malpractice claim before the expiration of the statute of limitations (“SOL”).… Continue Reading
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