Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: malpractice

Texas | Lawyer Fraud | Fiduciary Duty | Professional Negligence

Posted in Texas
Shih v. Tamisiea, 306 S.W.3d. 939 (Tex. App. 2010) TX: Contract law Student contributor: David Yanoff Facts:  Plaintiff invested in a new restaurant by purchasing shares of a company (ABF) that leased retail space for the restaurant. Plaintiff also personally guaranteed the lease payments. The restaurant developers contracted with a third party (Momentum Group) for… Continue Reading

NC: Failure to Mitigate is Not Contributory Negligence

Posted in Mitigation of Damages, North Carolina
Hummer v. Pulley, Watson, King & Lischer, P.A., 140 N.C. App. 270, 536 S.E.2d. 349 (2000) NC: Employment law Student contributor: David Yanoff Facts:    Plaintiff was a “career status teacher” in a public school. After an incident with the principal (an argument where plaintiff insisted he did nothing wrong) in which plaintiff was threatened… Continue Reading

TX: No duty to non-clients?

Posted in Texas
Span Enterprises v. Wood, 274 S.W.3d. 854 (Tex. App. 2008) TX: Securities law Student Contributor: David Yanoff Facts:  Plaintiffs were an investor (Amin) and his corporation (Span). Defendant was an attorney (Wood) who represented a different corporation (Triumph) in which plaintiffs invested. Amin met with Triumph’s CEO (Helms) regarding possible investment in the company. After… Continue Reading

NY: Plaintiff’s Dissatisfaction with Settlement Not Enough to Prove Malpractice

Posted in New York
Sevey v. Friedlander, 83 A.D.3d 1226, 920 N.Y.S.2d 831 (2011) NY: Underlying divorce action Student Contributor: Alexis Trezza Facts: Defendant represented plaintiff in a divorce action. Prior to trial, a settlement was negotiated, and a stipulation setting forth the terms of  settlement was placed on the record in July 2003. Plaintiff acknowledged on the record… Continue Reading

NY: Court Says ‘Malpractice is Breach of Contract’ ?? The Duplicative Cause of Action.

Posted in New York
Long v Cellino & Barnes, P.C., 873 N.Y.S.2d 805, 806-07 (App. Div 4th 2009). NY: Underlying Labor Law and Common-law Negligence Action. Student Contributor: Le-el D. Sinai Facts: Plaintiff was an ironworker and fell about 20 feet to the ground from the mezzanine deck of a warehouse while on the job. Defendant attorneys, retained by… Continue Reading

NY: Insurer Sues Assigned Attorney for Malpractice

Posted in Insurance, New York, Privity
Kumar v. Am. Transit Ins. Co., 854 N Y.S.2d 274, 275 (App. Div. 4th 2008). NY: Underlying Insurance Case. Student Contributor: Le-el D. Sinai Facts: Plaintiffs sued defendant Hiscock attorneys and the insurance company (American Transit Insurance Company, or “American”) for assigning the defendant to plaintiffs underlying case. American commenced a third-party action, alleging that… Continue Reading

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: 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

NJ: Case of First Impression: “Litigation Privilege” Does Not Protect Attorney From Their Clients

Posted in Litigation, New Jersey
Buchanan v. Leonard 428 N.J. Super 277 (App. Div. 2012) NJ: Underlying Matter: Bankruptcy.  Designated defense counsel sued for malpractice for reporting to  carrier that client committed bankruptcy fraud, which leads carrier to deny coverage. Facts:   Attorney Buchanan was sued by his former clients for filing a legally deficient Chapter 13 bankruptcy proceeding on their… Continue Reading

NY: Timing is everything: claims for legal malpractice and breach of fiduciary duty may not necessarily be duplicative

Posted in New York
Neuman v. Frank, 82 A.D.3d 1642, 919 N.Y.S.2d 644 (2011) NY: claim for legal malpractice and breach of fiduciary duty Student Contributor: Alexis Trezza Facts: Plaintiff David Neuman brought an action against Stuart A. Frank, a partner in defendant law firm, alleging that he committed legal malpractice and breached his fiduciary duty to plaintiff during… Continue Reading

TX: Claim must depend on outcome of case to toll during appeal

Posted in Texas
Pollard v. Hanschen, 315 S.W.3d 636 (Tex. App. 2010) TX: Family Law Student contributor: David Yanoff Facts:  Defendant represented plaintiff in a divorce action. After a fee dispute, defendant withdrew as counsel in August 2000. The case was set for trial in September 2000. Plaintiff hired a new attorney, who negotiated an accord and satisfaction… Continue Reading

NC: Attorney not liable when acting as notary

Posted in North Carolina
Nationsbank of North Carolina, N.A. v. Parker, 140 N.C. App. 106, 535 S.E.2d. 597 (2000) NC: Debtor-creditor law Student contributor: David Yanoff Facts:  Plaintiff bank made a loan to  Shamrock Country Club, which operated a golf course on land owned by the parents of Shamrock’s president (Walker). The loan was conditioned upon the signing of… Continue Reading

IL: Statue of Repose trumps Statute of Limitations

Posted in Illinois
Snyder v. Heidelberger, 953 N.E.2d 415 (Ill. 2011) IL: Statute of limitations, statute of repose, malpractice, injury Student Contributor: Rachel Vincent Facts: Plaintiff Judith Snyder brought legal malpractice action against attorney Elliot Heidelberger. According to plaintiff, on May 23, 1997, attorney negligently prepared a quitclaim deed that failed to convey the marital home of plaintiff… Continue Reading

NC: No Liability for Lawyer’s Bad Investment Advice when Plaintiff Doesn’t Perform Due Diligence

Posted in North Carolina, Securities
Hahne v. Hanzel, 161 N.C. App. 494, 588 S.E.2d. 915 (2003) NC: Securities law Student Contributor: David Yanoff Facts:  Plaintiffs were experienced investors and businesspersons. Defendant, during the course of representing plaintiffs with respect to other unrelated matters involving incorporation, encouraged plaintiffs to invest in a company called Invinca-Shield. Defendant explained that Invinca-Shield was in… Continue Reading

CA: No Judicial Estoppel Without Court’s Reliance on Prior Representation

Posted in California, Intellectual Property
E-Pass Technologies, Inc. v. Moses & Singer, LLP, 189 Cal. App. 4th 1140 (2010), review denied (Feb. 23, 2011) CA: Judicial Estoppel Student Contributor: Mordechai Buls Facts: Plaintiff sued Defendant for malpractice after having lost a number of patent-infringement lawsuits in which it was subject to substantial attorney-fee awards. Plaintiff initially filed its malpractice suit in… Continue Reading

FL: Clear and Convincing Evidence Required to Establish Fraud on the Court

Posted in Florida, Torts/Personal Injury
Cherubino v. Fenstersheib and Fox, P.A., 925 So.2d 1066 (Fla. App. 2006) FL: Underlying Automobile Action in Tort Student Contributor: David Drescher FACTS: Anthony Cherubino was involved in a car accident and he and his wife Lucy Cherubino hired Fenstersheib and Fox to represent them. After filing suit, the trial court dismissed the action for… Continue Reading

NJ: Affidavit of Merit Statute and Lateness

Posted in Affidavit/Certificate of Merit, New Jersey
Stoecker v. Echevarria, 975 A. 2d 975 – NJ: Appellate Div. 2009 Student Contributor: Christine Maharaj NJ: Underlying Real Estate Transaction Facts: Plaintiff brought malpractice claim against defendant (attorney) but served affidavit of merit more than 120 days after defendant’s amended answer. The trial court dismissed plaintiff’s claim for failure to comply with the affidavit… Continue Reading
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