News & Blog

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

By Will Jordan It’s a quiet day in the world of legal malpractice court decisions . . . nothing of great interest for us to report. Sigh. So, we’ll take this opportunity to remember an important feature of the familiar case-within-a-case doctrine: the standard is objective, not subjective. Courts have recognized that the test under […]