Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Alabama

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AL: Insured Attorneys protected so long as they act in a fiduciary capacity

Posted in Alabama
Marcus v. St. Paul Fire and Marine Insurance Co., 651 F.2d 379 (1981). AL: Underlying action based on a professional liability insurance policy Student Contributor: Farah Shahidpour Facts: Attorney chose St. Paul, an insurance company, to protect against his professional liability in connection with his legal practice. Specifically, the policy stated that the insurer would… Continue Reading

AL: Legal Malpractice in a Legal Malpractice Action?

Posted in Alabama, Case Within a Case, Labor & Employent, Proximate Cause
Dennis v. Northcutt, 923 So.2d 275 (2005). AL: #1 Underlying employment discrimination action; #2 underlying legal malpractice action regarding #1. Student Contributor: Farah Shahidpour Facts: Client retained Attorney #1 to represent him in an employment discrimination action in federal district court, however, that action was dismissed. Client subsequently retained Attorney #2 to pursue a legal… Continue Reading

FL: Attorney Filing Suit For Fees Due Results in a Legal Malpractice Suit

Posted in Alabama
Sebree v. Schantz, Schatzman, Aaronson & Perlman, 963 So.2d 842 (2007). FL: Underlying action seeking to recover attorney fees Student Contributor: Farah Shahidpour Facts: Client failed to pay Attorney fees claimed to be due. The law firm, acting self-represented, filed suit against its former client. The firm obtained a default judgment for the full amount… Continue Reading

AL: Timely filing for prison inmates

Posted in Alabama, Criminal Law, Defenses, Litigation
Aaron v. Mansell, 854 So.2d.96 (2003). AL: Underlying criminal case Student Contributor: Farah Shahidpour Facts:  Client hired Attorney. Client, now acting pro se, sues Attorney for legal malpractice and slander. Attorney filed an answer and denied both of Client’s allegations. Attorney cross-filed for summary judgment. Client filed a request for oral argument for evidentiary hearing, a… Continue Reading

Title: AL: Punitive Damages in a Legal Malpractice Case

Posted in Alabama, Damages, Torts/Personal Injury
Oliver v. Towns, 738 So.2d 798 (1999). AL: Underlying personal injury action Student Contributor: Farah Shahidpour Facts: Client hired Attorney to represent her in a personal injury action after being involved in an automobile accident. She signed a contingency fee contract that provided for the Attorney to receive 40% of any settlement, in return for… Continue Reading

AL: Lawyers’ “unsubstantiated and incomplete arguments”

Posted in Alabama, Litigation, Statute of Limitations, Torts/Personal Injury
Taylor v. Stevenson, 820 So.2d.810 (2001) AL: Underlying action for battery and invasion of privacy  Student Contributor: Farah Shahidpour Facts: Client hired Attorneys to represent her in a suit for battery and invasion of privacy against her employers. Client considered herself a victim of sexual harassment. The court entered judgment against one employer, but not… Continue Reading

AL: “Blatant Error” Excused in Absence of Causation and Damages

Posted in Affidavit/Certificate of Merit, Alabama, But for-Proximate Cause, Case Within a Case, Damages, Duties: Communicate, Expert Witnesses, Substantial Factor-Proximate Cause
Guyton v. Hunt, Court of Civil Appeals of Alabama, July 23, 2010. Facts:  Guyton was convicted of sexually abusing a minor.  After his conviction, he retained Hunt to prepare and file a motion for new trial, and if that was denied, file an appeal.  Hunt’s motion for a new trial was denied, but he never advised… Continue Reading

AL: Alabama Legal Services Liability Act

Posted in Alabama, Privity
Smith v. Math, 984 So.2d 1179 (2007) AL: Underlying collection action Student Contributor: Farah Shahidpour Facts: Attorney, Math, practices law in Alabama. He filed a collection action against Smith in Montgomery District Court on behalf of his client, Max Federal Credit Union, Attorney obtained a default judgment against Smith in the amount of $2,767.71. Smith… Continue Reading