Firm News
D. Col. – The Transaction Within The Case Doctrine
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 […]
Firm News
Neb. – “A Client Cannot Recover for Malpractice in the Following Circumstances . . .”
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, […]
Firm News
8th Cir. – Exceptions to Requirement of Expert Testimony in Legal Mal Case are Extremely Narrow
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 […]
Advocate's Journal
Nick Haigler completes Go Ruck Light
Nick Haigler and his F3 Columbia brothers and FiA Midlands sisters completed a Go Ruck Light this past Friday. Led by a former Army Ranger and Navy Seal, they completed obstacles and carried weighted backpacks for 12 hours. Go Nick!
Firm News
NY – The “Reasonable Strategic Explanation” Defense
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 […]
Firm News
D.C. Dist. Ct. – Judgmental Immunity Rule Protects Attorney Who Makes Tactical Decision on Forum
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 […]
Advocate's Journal
Honoring Law Day
Today is Law Day! This is a day to honor the important role of the law and courts in our society. This year the American Bar Association is honoring the 800th anniversary of the sealing of Magna Carta, which guaranteed that no one was above the law. Today we at Sowell Gray celebrate the rights and principles […]
Advocate's Journal
Bar President Cal Watson: Celebrating Law Day
Dear Bar Members: This Friday, May 1, is Law Day. In 1958, President Dwight Eisenhower established Law Day to mark our nation’s commitment to the rule of law, a principle that sets us apart from many other countries around the world. Its designation underscores how law and the legal process have contributed to the freedoms […]
Firm News
NY – Failure to Pursue Appeal that “Likely” Would Have Been Successful Bars Legal Malpractice Claim
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 […]
Firm News
NY – Tolling of SoL Pursuant to Continuous Representation Doctrine Ends When Client Signs Substitution of Counsel
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 […]