Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Mississippi

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MS: Admitting Liability by Default–Not Answering Request to Admit

Posted in Defenses, Mississippi
Byrd v. Bowie, 992 So.2d 1202 (Miss. Ct. App. 2008) MS: Underlying medical malpractice claim Student Contributor: Laura Stein Facts: After attorney-Byrd failed to timely designate a medical expert, in the Bowie’s wrongful death/medical malpractice action, the trial court granted summary judgment for the defendants (against his clients). On appeal, Mississippi Supreme Court affirmed. Clients… Continue Reading

MS: Client’s Release to Not Sue Lawyer Called into Question By MS Supreme Court

Posted in Criminal Law, Mississippi
Smith v. Sneed, 638 So.2d 1252 (Miss. 1994) MS: Underlying Murder Charge Student Contributor: Laura Stein Facts: Smith sued his appointed lawyer, Sneed, alleging he committed malpractice during his representation on a charge of murder. Smith pled guilty to manslaughter and was sentence to 20 years in prison. 3 years later, through a new lawyer,… Continue Reading

MS: When Does the Clock Start to Tick?

Posted in Discovery Rule, Mississippi, Statute of Limitations
Bennett v. Hill-Boren, P.C., 52 So. 3d 364 (Miss. 2011). Facts: Plaintiff sued former attorney for malpractice. Attorney argued that the statute of limitations had expired and plaintiffs’ claim should be dismissed. Plaintiff argued that the statute of limitations doesn’t begin to run until the attorney’s representation ends.  Issue: When did the statute of limitations… Continue Reading