Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: South Carolina

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SC: No Privity with Trust Beneficiaries, No Fiduciary Duty

Posted in South Carolina
Argoe v. Threee Rivers Behavioral Center and Psychiatric Solutions, 388 S.C. 394, 697 S.E.2d 551 (2010) SC: Underlying Trusts, Real Estate; Breach of Fiduciary Duty Student Contributor: Nicholas Seabrooks Facts: Martha Argoe’s husband and son retained the defendant attorney Walsh to help protect her from her own irresponsible and erratic behavior. According to the husband and… Continue Reading

S.C. Legal Malpractice: No Guarantee for Underlying Arbitration Outcome

Posted in Real Estate, South Carolina
Harris Teeter, Inc. v. Moore & Van Allen, PLLC, 390 S.C. 275, 701 S.E. 2d 742 (2010) S.C. Underlying arbitration/breach of lease Student Contributor: Nicholas Seabrooks Facts:  Harris Teeter was a supermarket that leased property from a company that later sold the property to Eastbay Venture LLC. In the lease renewal contract Eastbay decided to amend… Continue Reading

SC: Nonexistent Will Equals Nonexistent Duty

Posted in Privity, South Carolina, Wills Trusts & Estates
Rydde v. Morris, 381 S.C. 643 (S.C. 2009) SC: Underlying estate matter Student Contributor: Karen Dindayal Facts:  Johanna W. Knight was an elderly person, who retained Morris to handle her estate planning matters. In the estate planning questionnaire provided by Morris, Knight named Rydde and Konij as her prospective will beneficiaries on September 22, 2005.… Continue Reading

SC: Plaintiff Loses Out on Potential Recovery for Sitting on Her Rights

Posted in Litigation, South Carolina, Statute of Limitations, Torts/Personal Injury
Kelly v. Logan, Jolley, & Smith, L.L.P., 383 S.C. 626 (S.C. App. 2009) SC: Underlying medical malpractice action Student Contributor: Karen Dindayal Facts:  Kelly gave birth to her son, Watavious Barker who was born with irreversible brain damage and other permanent injuries. After spending the first two years after birth in the hospital, Watavious was… 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
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