Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Michigan

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MI: Legal Malpractice Claim may Accrue When Attorney Sends Letter of Withdrawal

Posted in Michigan
Kloian v Schwartz, 272 Mich App 232, 725 NW2d 671 (Mich Ct App 2006) MI:  legal malpractice; fee dispute Student Contributor: Tolu Akinsanya Facts: defendant represented the plaintiff in an underlying consolidated legal malpractice case in which the plaintiff was suing three different law firms. Defendant also represented the claimant in another underlying fee dispute… Continue Reading

MI: Worker’s Compensation Lien Does NOT Attach to Legal Malpractice Recovery

Posted in Michigan
 Ramsey v Kohl, 231 Mich App 556, 591 NW2d 221 (Mich Ct App 1998) MI: Underlying area:  products liability – worker’s compensation Student Contributor: Tolu Akinsanya Facts:  Plaintiff filed a worker’s compensation claim against his employer after he alleged he had been injured from exposure to chemicals in the workplace. The worker’s compensation claim was… Continue Reading

MI: Attorney’s Attempts to Help Former Client Do Not Reset Statute of Limitations Clock That Started Ticking When the Representation Ended

Posted in Michigan
Bauer v Ferriby & Houston, P.C., 235 Mich App 536, 599 NW2d 493 (Mich Ct App 1999) MI: Labor law; workers compensation settlement; Social Security disability Student Contributor: Tolu Akinsanya Facts: Defendant represented the plaintiff in an underlying worker’s compensation case. The defendant settled the worker’s compensation claim for $85,000, and an order to that… Continue Reading

MI: Legal Mal Settlement Offsets Subsequent Judgment

Posted in Michigan
Grace v Grace, 253 Mich App 357, 655 NW2d 595 (Mich Ct App 2002 MI: Family law Student Contributor: Tolu Akinsanya Facts: Plaintiff entered into a 1990 separation agreement with her former husband in which she was entitled to half of the marital estate, as part of the property  settlement agreement. Plaintiff terminated her attorney… Continue Reading

MI: SOL Runs on day Power of Atty is Revoked in Malpractice Suit

Posted in Intellectual Property, Michigan, Statute of Limitations
Wright v. Rinaldo, 279 Mich App 526, 533 n 3; 761 NW2d 114 (2008) MI: Underlying IP Student Contributor: Matthew Feinbloom Facts: In August 2000, Mr. Rickie Wright hired  Ronildo as his attorney in a patent case against the United States Patent and Trademark Office. Three years after hiring Ronildo, Wright was unsatisfied with her… Continue Reading

MI: Defining the Attorney Client Relationship

Posted in Engagement, Michigan
Kopulos v. Scott, Court of Appeals of Michigan, February 2011  MI: Underlying consultation for Personal Injury Claim; declined representation Facts: In October or November 2003, Kopulos contacted the defendants attorneys about a potential claim against her landlord for carbon monoxide poisoning. During the consultation, plaintiff referred to a December 2002 motor vehicle accident in which she… Continue Reading

MI:Emotional Distress In Legal Malpractice Claim Usually Not Allowed, But then again…

Posted in Damages, Michigan, Torts/Personal Injury
Lickteig v Alderson, Ondov, Leonard, & Sween, P.A. 556 N.W.2d 557 MI: Underlying damages for emotional distress in a claim for legal malpractice Student Contributor: Meghan Jean Facts: Attorneys were admittedly negligent in the handling of the client, Lickteig’s case. At arbitration, Lickteig was awarded $45,000 in general damages, and $45,000 in emotional distress damages.… Continue Reading

MI: Limits of the Attorney Judgment Rule

Posted in Defenses, Disengagement, Michigan, Standard of Care
Bush v. Goren, Michigan Court of Appeals, February 1, 2011.  Facts: In 2005, Plaintiffs consulted the defendant attorneys with respect to a medical malpractice claim related to a cardiac surgery completed on August 24, 2004 to evaluate the safety of a new vascular closure device.  After obtaining opinions of various cardiologists and vascular surgeons, the… Continue Reading

Settle and Sue, Michigan Style

Posted in Michigan
Laethem Equipment Co. v. Currie Kendall, P.L.C., Court of Appeals of Michigan, January 13, 2011.  Facts: Plaintiffs settled an underlying family dispute and then sued Currie Kendall for legal malpractice and breach of fiduciary duty.  Defendant moved for dismissal claiming the lawsuit was barred by the settlement agreement and release that resolved the underlying litigation.… Continue Reading

MI: Statutes of Limitations in underlying IP cases

Posted in Intellectual Property, Michigan, Statute of Limitations
Wright v. Rinaldo, 279 Mich App 526; 761 NW2d 114 (2008) Underlying patent prosecution USPTO Student Contributor: Matthew Feinbloom Facts: In August 2000,  Wright hired  Ronildo as his attorney in a patent case before the United States Patent and Trademark Office. Three years after hiring Ronildo, Wright was dissatisfied with her work. Wright met with… Continue Reading

MI: Appellate Division Rejects Attempt to Settle and Sue

Posted in Michigan, Proximate Cause
Hall v. Cohen, Michigan Court of Appeals, February 18, 2010 Facts:  The defendant attorney represented plaintiff in a matrimonial matter, and after settlement of the matrimonial action, plaintiff brought suit against her attorney for malpractice.  The trial court granted summary judgment in favor of the defendant attorney, and granted the attorney’s counterclaim for unpaid legal… Continue Reading

MI: Counsel’s Trial Strategy Not Actionable as Malpractice

Posted in Criminal Law, Litigation, Michigan, Standard of Care
Harris v. Farmer, Court of Appeals of Michigan, February 4, 2010 Facts:  Defendant served as Plaintiff’s court-appointed attorney in a criminal proceeding in which plaintiff was charged with identity theft.  The prosecution alleged that plaintiff attempted to use another individuals social security number to obtain employment.  Plaintiff was convicted and his claim for ineffective assistance… Continue Reading
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