Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: bankruptcy

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

MA: Botched Bankruptcy Brings Lawyer Liability

Posted in Massachusetts
Don v. Soo Hoo, 75 Mass. App. Ct. 80 (2009) MA: Underlying Botched Bankruptcy Proceedings Student Contributor: Jason W. Hake Facts: A client retained the defendant law firm to file a bankruptcy petition on her behalf while he earned $8,000.00 per year. The attorneys forgot to file his petition and discovered their error three (3)… Continue Reading

Disengaging from Long-Standing Clients

Posted in Commercial, Disengagement, Duties: Communicate, Litigation, Texas
Rice v. Forestier,  414 S.W.2d 711 (Civ. App. 1967) TX. underlying bankruptcy proceeding Student contributor: Cheryl Neuman Facts: Plaintiff retained defendant attorney for various matters, both in business and personally. Plaintiff suffered damages as a result of a default judgment filed against him in a bankruptcy proceeding. The plaintiff was served with citations. There is… Continue Reading

Underlying Bankruptcy and Standing to Sue

Posted in New York
Wright v. Meyers & Spencer, LLP, 849 N.Y.S.2d 274 (N.Y. App. Div. 2d Dep’t 2007) NY Underlying Bankruptcy Action Student Contributor: Melissa Goldberg Facts: This is an action for legal malpractice arising out of Defendants’ representation of Plaintiff in a bankruptcy proceeding. Plaintiff alleges in the verified complaint that he made a transfer to his… Continue Reading

Getting Snagged for Legal Malpractice by Plaintiff’s Successor in Interest

Posted in Federal, Proximate Cause, Texas
 In re Segerstrom 247 F. 3d 218 (5th Cir. 2001) TX: Underlying personal injury then bankruptcy, post judgment Student Contributor: Brad Kvinta (J.D. (2010), Texas Tech University School of Law, B.S. (2006)Texas A & M University) FACTS: In 1995, a vehicle driven by Kayla Segerstrom (Segerstrom) was involved in a collision with a vehicle driven… Continue Reading