News & Blog

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 […]

By Will Jordan A recent case out of the Indiana Court of Appeals teaches some important lessons for lawyers dissociating from firms with shady practices. The Defendant practiced law with another attorney and the two represented the Plaintiffs. During the course of the representation, the Defendant grew concerned about the other lawyer’s business practices, including […]

By Will Jordan Two recent decisions out of New York highlight the benefit of a well-drafted engagement letter in legal malpractice litigation. In Rothman v. McLaughlin & Stern, LLP, in which the Plaintiff claimed the lawyer failed to conduct due diligence in connection with the Plaintiff’s acquisition of two companies, the court dismissed the Plaintiff’s […]

By Will Jordan A law firm represented trustees of a family trust in litigation. Following the litigation, the law firm brought an action against the trust to recover its attorney’s fees. The trust argued there was no attorney-client relationship between the law firm and the trust, because the law firm only represented the trustees. The […]

By Will Jordan Client brought malpractice action against his attorney alleging the attorney negligently advised him to execute a settlement agreement that was not in his best interest. It was undisputed that any act or omission by the attorney that allegedly caused the client to execute the settlement agreement occurred during the mediation. California has […]

By Will Jordan “It appears that Plaintiffs argue that Stolier was Matthews’s lawyer because Matthews was a client of Stolier’s law firm. Plaintiffs have not, however, cited any legal authority supporting their assertion that when a client retains an attorney in a firm an attorney-client relationship is formed with every single lawyer in the firm. […]

By Will Jordan Plaintiff brought suit against a law firm for legal malpractice and included “allegations of defendants’ fraudulent conduct.” The legal malpractice claims were barred by the statute of limitations. The court held that the fraud claim, which was subject to a longer statute of limitations, were duplicative of the legal malpractice claim and […]

By Will Jordan A law student sought and obtained advice from a lawyer at the firm at which he was working concerning his ongoing divorce litigation. The law clerk subsequently brought a legal malpractice action against the attorney and the law firm. The court affirmed the dismissal of the legal malpractice claim, concluding there was […]

By Will Jordan The Maryland Court of Special Appeals affirmed what should be obvious given the requirement of an attorney-client relationship in order to pursue a legal malpractice claim. The court specifically held that a “co-counsel relationship will not suffice.” A law firm does not have a cause of action for legal malpractice against its […]