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 […]
Advocate's Journal
Freedom of Information Act requires Government Bodies to Announce with specificity why it is going into Executive Session
The South Carolina Supreme Court affirmed a trial court decision that upheld the validity of an ordinance of the City of North Augusta, but the court reversed the trial court order by holding that the City of North Augusta violated the Freedom of Information Act. Plaintiff sued the City of North Augusta, Mayor, and City […]
Advocate's Journal
Orders Affecting a Substantial Right Are Immediately Appealable
The South Carolina Supreme Court reversed a decision of the court of appeals, which dismissed as interlocutory an appeal that severed a number of defendants from a lawsuit under the label of bifurcation. Plaintiffs sued a nursing home for negligence, and also sued the nursing home’s parent/corporate companies alleging that the parent companies were vicariously […]
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 […]