News & Blog

By Will Jordan A lot of jurisdictions don’t have any law addressing the ability of a legal malpractice plaintiff to recover damages for emotional distress. But, just within the last couple of weeks, at least two courts have recognized that emotional distress damages generally are not recoverable in the context of a legal malpractice case. […]

By Will Jordan We spend most of our time on this blog talking about legal malpractice decisions in which the underlying matter is civil in nature, not criminal. But, it’s worth noting the difficulty a plaintiff faces when asserting legal malpractice arising from representation in a criminal case. While a plaintiff asserting a legal malpractice […]

By Will Jordan A couple of weeks ago, we discussed a recent decision out of New York in which the court held that the tolling of the statute of limitations pursuant to the continuous representation doctrine ends when the client signs a consent substitution of counsel. What about when the attorney unilaterally withdraws from the […]

By Will Jordan In a legal malpractice case arising in the context of litigation, the “case within the case” doctrine, requiring the plaintiff to prove he would have been successful in the underyling case but for his attorney’s negligence, is well-established. But what about legal malpractice cases arising from a failed business or real estate […]

By Will Jordan Legal malpractice case law isn’t always crystal clear on the application of contributory/comparative negligence, mitigation of damages, and other affirmative defenses based upon the plaintiff’s conduct. A recent case decided by the Nebraska Supreme Court, however, gives legal malpractice defense attorneys some helpful ammunition. Citing cases from various jurisdictions across the country, […]

By Will Jordan Missouri, like many jurisdictions, recognizes that in a legal malpractice action “an expert witness is generally necessary to tell the jury what the defendant should or should not have done under the particular circumstances.” However, an expert witness is not necessary when the alleged negligence is “clear and palpable” or within the […]

By Will Jordan Yesterday’s post brought us the Judgmental Immunity Doctrine. Today, we have a similar concept: the “reasonable strategic explanation” defense. In a recent case out of New York, the client brought a legal malpractice claim against the attorneys who negotiated the license and sale of intellectual property he developed. The client alleged the […]

By Will Jordan In the underlying case, the attorney filed suits on behalf of the client in both D.C. and Virginia. The suits were dismissed on statute of limitations grounds and the client brought a legal malpractice claim, alleging the attorney breached the standard of care by failing to file suit in Maryland where, at […]

By Will Jordan Client filed a legal malpractice action against Law Firm asserting, in part, that Law Firm was negligent in allowing the underlying case to be dismissed for failure to prosecute. Law Firm moved to dismiss on the ground that the trial court’s dismissal of the underlying case was improper and likely would have […]

By Will Jordan Some states, including New York, recognize the continuous representation doctrine, which may toll the running of the statute of limitations on a legal malpractice claim during the time the attorney continues to represent the client in the matter giving rise to the alleged malpractice. The New York appellate court held that the […]