Archive for the ‘Firm News’ Category

Firm News

Sowell Gray Supports Efforts to Remove Confederate Flag

Sowell Gray Stepp & Laffitte, LLC joins with South Carolina’s Governor and the state’s many political, business, educational, and community leaders in the call to take down the Confederate flag as swiftly as possible. Given the tragic events in Charleston two weeks ago, this is a time for unity for all South Carolinians and an […]

Firm News

No Legal Malpractice Claim Following Settlement to Which Client Agreed

By Will Jordan Attorney represented Client in a workers’ compensation claim. Following settlement of the workers’ comp claim, Client filed a legal malpractice action against Attorney, alleging that Attorney gave incorrect legal advice that lead to the compromise and release and, but for the incorrect legal advice, Client would not have agreed to the settlement […]

Firm News

No Legal Malpractice for Advice that is in Accord with the Weight of Applicable Law

By Will Jordan  During the course of litigation pending in federal district court in Florida, Client sought and obtained advice from Lawyer about Client’s contractual exposure to the opposing party’s attorney’s fees under Florida law. Lawyer advised Client that Client did not face a significant risk of exposure to attorney’s fees. Ultimately, the U.S Court […]

Firm News

Ineffective Assistance of Counsel ≠ Legal Malpractice

By Will Jordan A couple of weeks ago, inspired by the developing story of Adnan Syed, we wrote about the interplay between a criminal defendant’s request for post-conviction relief on the basis of ineffective assistance of counsel and his claim for legal malpractice against his defense attorney. In that post, we wrote that “[i]n order […]

Firm News

NY Court Enforces Arbitration Agreement in Engagement Letter

By Will Jordan Client retained Attorney to represent him in two matters involving his service as a trustee. Client signed an engagement letter that provided that Attorney and Client would arbitrate “any dispute arising out of or relating to this agreement and/or the legal services rendered hereunder.” Client filed a lawsuit against Attorney, alleging legal […]

Firm News

On Proximate Causation and Foreseeability

By Will Jordan Apologies for the radio silence. We vowed not to allow this much time to pass in between posts, but the past week brought a trip to NY for a conference and a jury duty summons and, before we knew it, the vow was broken. But we’re back on track. Today we look […]

Firm News

The “No Harm, No Legal Mal” Defense

By Will Jordan In a legal malpractice case arising out of an attorney’s allegedly negligent handling of litigation, the crux of the legal malpractice case is proving that the outcome of the underlying case should have been different but for the attorney’s negligence. When a legal malpractice case arises out of allegedly negligent advice given […]

Firm News

The Case-Within-A-Case-Within-A-Case

By Will Jordan Remember that movie Inception? Truth be told, we could no more summarize its plot than read War and Peace in its original Russian. But, we know it had something to do with dreams within dreams within . . . you get the point. Today, we turn our attention to the Inception of […]

Firm News

Pennsylvania Legal Mal Case Dismissed for Discovery Abuse

By Will Jordan Law360 reports on the dismissal of a legal malpractice case due to discovery abuses by the plaintiffs. The plaintiffs alleged their attorneys incorrectly calculated the applicable statute of limitations for an underlying medical malpractice claim. After what appears to have been repeated failures to comply with the court’s discovery orders, including failing […]

Firm News

Staying the Legal Mal Case Pending Appeal of the Underlying Case

By Will Jordan There’s an interesting article at law360.com about an ongoing legal malpractice lawsuit filed by the developers of a Native American casino project in Oklahoma. The developers brought suit in the fall of 2013, claiming the firm’s negligent representation resulted in a federal court granting a temporary injunction against the proposed casino. At […]