Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Maryland

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MD: Joint Liability for Joint Representation: Yes or No?

Posted in Maryland, Torts/Personal Injury
Blondell v. Littlepage, 413 Md. 96, 991 A.2d 80 (2010). MD: Underlying Joint Representation of Medical Malpractice Claim Student Contributor: Vanessa L. Wachira  Facts: Six months after Lois Corbin (“Client”) had a mammogram performed by Dr. Amile Korangy (“Doctor”) she detected a lump in her breast and scheduled an appointment with her gynecologist, Dr. Dee… Continue Reading

MD: Drafting of Legal Impossibilities Not Malpractice

Posted in Maryland, Wills Trusts & Estates
Wilson v. Clancy, 747 F.Supp. 1154 (1990) MD: Underlying Wills and Estates Planning Student Contributor: Vanessa L. Wachira Facts: In 1968, Joseph Clancy (“Attorney”) prepared separate wills for Dr. Thomas Hurney (“Client”) and his wife (“Testator”), under which their property was to be distributed in a particular manner to their relatives upon the death of… Continue Reading

MD: Discovery Rule and its Limits

Posted in Maryland, Privity, Wills Trusts & Estates
Bank of New York v. Sheff, 382 Md. 235, 854 A.2d 1269 MD: Underlying Bond Issuance Student Contributor: Vanessa L. Wachira Facts: In a complex sale of nearly $50 million tax-exempt revenue bonds held by Prince George’s County involving numerous borrowers, Bondholders (represented by The Bank of New York (“Trustee”)), underwriters and attorneys, Piper &… Continue Reading

MD: No Malpractice Immunity for Court Appointed Guardians

Posted in Family Law, Maryland
Fox v. Willis, 390 Md. 620, 890 A.2d 726 (2006) MD: Underlying Divorce Proceeding Student Contributor: Vanessa L. Wachira Facts: Katherine Fox (“Client”) is a minor child whose parents were divorced pursuant to a judgment entered by the Circuit Court for Montgomery County. In the subsequent proceedings to determine custody and visitation, the court appointed… Continue Reading

MD: Client Judicially Estopped from Asserting Claim for Malpractice

Posted in Family Law, Maryland
Vogel v. Touhey, 151 Md.App. 682, 828 A.2d 268 (2003) MD: Underlying Divorce Proceeding Student Contributor: Vanessa L. Wachira Facts: In 1999, following the couple’s separation, Dr. Harold Alfert and attorney Karen Vogel (Client) entered into a property settlement agreement that provided for the equal division of their marital assets (valued at approximately two million… Continue Reading

MD: Choose Your Words Wisely: Retainer Agreements Create Contractual Obligations

Posted in Engagement, Family Law, Maryland
Abramson v. Wildman, 184 Md.App.189, 964 A.2d 703 (2009) MD: Underlying Custody Dispute Student Contributor: Vanessa L. Wachira Facts: Ronald Wildman (Client) retained Joel Abramson (Attorney) to advise and represent him in a custody dispute. The retainer agreement informed Client that he could “expect [Attorney’s] firm to be both sensitive and professionally responsive to [his]… Continue Reading

MD: “Case within a Case,” the Golden Test for Proximate Cause

Posted in But for-Proximate Cause, Case Within a Case, Maryland, Proximate Cause, Substantial Factor-Proximate Cause
Suder v. Whiteford, Taylor & Peston, LLP, Court of Appeals of Maryland, April 9, 2010.  Facts:  Suder filed an action for legal malpractice against her former attorneys, alleging failure to timely file a request for a fifth extension which, ostensibly, caused her to receive approximately $270,000 less under a will than she otherwise would have.  The… Continue Reading