Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: Connecticut

CT: LEGAL MAL STATUTE OF LIMITATIONS and THE CONTINUOUS REPRESENTATION RULE

Posted in Connecticut
Bagoly v. Riccio, 102 Conn. App. 792, 927 A.2d 950 (2007) CT: Underlying post marital dissolution matter Student Contributor: Nicholas Kingsbury Facts: The former client was dissatisfied with the result of his marital dissolution agreement, and had an attorney file a motion to clarify and modify the agreement. The attorney negotiated with the other side… Continue Reading

CT: LEGAL MAL COMPLAINT: PROCEDURE vs. SUBSTANCE

Posted in Connecticut
Olympia Mortgage Corp. v. Klein, 61 Conn. App. 305, 763 A.2d 1055 (2001) CT: Underlying legal advice and representation matter  Student Contributor:  Nicholas Kingsbury Facts: Client sued his former attorney and served him with a summons and complaint. The court dismissed the client’s complaint ruling that the client wrote an improper return date on the… Continue Reading

CT: Filing the Same Bad Claim Twice Gets Your Claim Booted From Court

Posted in Connecticut, Family Law
Ross v. Forzani, 88 Conn. App. 365, 869 A.2d 682 (2005) CT: Underlying marriage dissolution matter Student Contributor: Nicholas Kingsbury Facts: Plaintiff retained a law firm to represent him in his marriage dissolution. One of the partners defected from that firm, and subsequently represented plaintiff’s wife in the marriage dissolution. Plaintiff asserted that the defecting… Continue Reading

CT: Standing to Sue: Plaintiff’s Injuries Must Be the Direct Result of Attorney’s Alleged Malpractice

Posted in Connecticut
Town of West Hartford v. Murtha Cullina, LLP, 85 Conn. App. 15, 857 A.2d 354 CT: Underlying contract restructuring Student Contributor: Nicholas Kingsbury Facts: Former attorney represented a company in a contract restructuring matter. The company was a corporation that produced steam energy, and its existing buyer wanted out of the agreement. Under this negotiation,… Continue Reading

CT: Malpractice Claim Fails Without an Expert Witness to Back It Up

Posted in Connecticut
Ackerly and Brown, LLP v. Smithies, 109 Conn. App. 584, 952 A.2d 110 (2008) CT: Underlying residential lease dispute Student Contributor: Nicholas Kingsbury Facts: Former attorney advised client to make a settlement offer since the outcome of the trial was uncertain. The trial concluded with a loss and money judgment against the client. Client subsequently… Continue Reading

CT: Standard of Care Defined by Relevant Jurisdiction, Not by Local Customs

Posted in Connecticut
Traystman, Coric and Keramidas v. Hundley, 925 A.2d 1161 (2007), 102 Conn.App. 490 CT: Underlying dissolution of marriage  Student Contributor: Nicholas Kingsbury Facts: The former attorney sued the client for the attorney’s fee owed, and the client counter-claimed alleging legal malpractice. The trial court ruled in favor of the attorney, and the client appealed claiming… Continue Reading

CT: Risky to Bring Legal Malpractice Claim Without an Expert Witness

Posted in Connecticut, Criminal Law, Litigation
Moore v. Crone, 114 Conn.App. 443, 970 A.2d 757 (2009) CT: Underlying criminal defense matter Student Contributor: Nicholas Scot Kingsbury Facts: Client sued his former attorney claiming negligence and breach of contract in his representation of the client in his criminal trial for attempted murder. The client alleged that the attorney failed to raise the issue of:… Continue Reading

CT: Collateral Estoppel Rule May Insulate Lawyers from Malpractice Claims

Posted in Connecticut, Labor & Employent
Alexandru v. Strong, 81 Conn. App. 68 (2004) CT: Underlying sex discrimination matter Student Contributor: Nicholas Scot Kingsbury Facts: The client hired an attorney to represent her in a sex discrimination suit against client’s former employer. The attorney filed the following claims against the employer on behalf of the client: breach of the implied covenant… Continue Reading

CT: Lack of Expert Testimony Kills A Legal Malpractice Claim Couched As a Breach of Fiduciary Duty Claim

Posted in Connecticut, Expert Witnesses, Fiduciary Duty, Wills Trusts & Estates
Marciano v. Kraner, 126 Conn. App. 171, appeal denied, 300 Conn. 922 (2011) CT:  Underlying Wills, Trusts, and Estates Disputes Student Contributor: Jennifer Hanley Facts: Client’s parents were older and experiencing serious health difficulties. Concerned with preserving their property and assets, he contacted an attorney to provide advice on the matter. The attorney (“Attorney”) advised… Continue Reading

CT: Lack of Statutory Exception Helps Lawyer Inherit Client’s Estate

Posted in Connecticut, Wills Trusts & Estates
Sandford v. Metcalfe, 110 Conn. App. 162, 954 A.2d 188 (Conn. App. 2008) CT: Underlying estate  matter Student Contributor: Laura Binski Facts: Five days before her death, the client called her friend and lawyer, who was licensed to practice in New York, to visit her in Connecticut. The lawyer and client were not relatives. The… Continue Reading

CT: Lawyer Owes No Duty to Beneficiaries When Will is Drafted as Client Wished

Posted in Connecticut, Wills Trusts & Estates
Leavenworth v. Mathes, 38 Conn. App. 476, 661 A.2d 632 (Conn. App. 1995) CT: Underlying will matter Student Contributor: Laura Binski Facts: The client hired the lawyer to draft her will. The client wished to distribute $40,000 to one son; $25,000 to her daughter; and two houses to her other son. After the client died,… Continue Reading

CT: Legal Malpractice Claims Require Use of Expert Testimony

Posted in Connecticut, Environmental
Celentano v. Grudberg, 76 Conn. App. 119, 818 A.2d 841 (Conn. App. 2003). CT: Underlying breach of contract claim Student Contributor: Laura Binski Facts: The client was a principal and owner of a corporation that operated landfills. The client and the dumping company had entered into a contract in 1985. Specifically, the client believed that… Continue Reading

CT: Trial Court May Enforce a Settlement When Its Terms Are Not In Dispute

Posted in Connecticut, Litigation, Torts/Personal Injury
Waldman v. Beck, 101 Conn. App. 669, 922 A.2d 340 (2007). CT: Underlying personal injury matter Student Contributor: Laura Binski Facts: The client hired the lawyer to represent her in a personal injury claim. The lawyer failed to appear in court on behalf of his client on several occasions and the complaint was dismissed with… Continue Reading

CT: Tolling Statute of Limitations When There is Continuous Representation

Posted in Connecticut, Torts/Personal Injury
Farnsworth v. O’Doherty, 85 Conn. App. 145, 856 A.2d 518 (2004). CT: Underlying negligence case Student Contributor: Laura Binski Facts: In 1994, the clients hired the lawyer to help them recover money after the alleged negligent construction of an addition to their home. In 1995, the lawyer filed a complaint for the clients against the… Continue Reading

CT: No Duty to Offer Client Medical Advice to Enhance Value of Case

Posted in Connecticut, Litigation, Torts/Personal Injury
Wooten v. Heisler, 82 Conn. App. 815, 847 A.2d 1040 (Conn. App. 2004). CT: Underlying personal injury matter Student Contributor: Laura Binski Facts: The client was injured in a car accident and hired the lawyer to help him recover damages. After the lawyer brought a negligence action against the other driver, the client fired him… Continue Reading

CT: Client argues two letters mailed into state by law firm subjects them to jurisdiction; court says no.

Posted in Connecticut, New York, Torts/Personal Injury
Green v. Simmons, 919 A.2d 482 (Conn. App. 2007) CT: Underlying premises liability: Long Arm Jurisdiction Student Contributor: Eric B. Kang Facts: In 2001, Albert Green hired Reginald D. Simmons & Associates, a law firm based in South Carolina, to represent him in a personal injury action in which Green was injured while he slipped… Continue Reading

CT: Client Cannot Seek to Avoid Statute of Limitations by Bringing Her Claim Under Contract Law

Posted in Connecticut, Real Estate, Statute of Limitations
Pelletier v. Galske, 105 Conn. App. 77, 936 A.2d 689 (Conn. App. 2007). CT: Underlying real estate matter Student Contributor: Laura Binski Facts: The client hired the lawyer in 2001 to help her with her purchase of a condominium. In 2006, the client brought a legal malpractice claim against the lawyer. The client claims that… Continue Reading

CT: No Need for Underlying Case to be Settled before Filing Legal Malpractice Claim

Posted in Connecticut, Torts/Personal Injury
Mayer v. Biafore, 245 Conn. 88, 713 A.2d 1267 (1998). CT: Underlying personal injury action Student Contributor: Laura Binski Facts: The client hired the lawyer to help him with a personal injury action involving a motor vehicle accident. The lawyer settled the client’s personal injury case for $10,000 (the limit of the tortfeasor’s liability policy),… Continue Reading

CT: Lawyer’s Negligent Drafting of a Will Opens Door to Third Party Liability

Posted in Connecticut, Privity, Wills Trusts & Estates
Licata v. Spector, 26 Conn. Supp. 378, 225 A.2d 278 (1966). CT: Underlying will matter Student Contributor: Laura Binski Facts: The client hired the lawyer to draft her last will and testament. The lawyer failed to ensure that the will provided the required number of witnesses. As a result, the Probate Court declared the will… Continue Reading
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