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 […]
Firm News
Indiana – No Liability for Departing Lawyer’s Failure to Blow the Whistle
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 […]
Firm News
New York – The Power of An Engagement Letter
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 […]
Firm News
Minnesota Court of Appeals – Court Determination of No Attorney-Client Relationship Bars Subsequent Legal Malpractice Suit
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 […]
Firm News
California Court of Appeals – Mediation Confidentiality Statute Precludes Client from Proving Malpractice Based Upon Attorney’s Conduct at Mediation
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 […]
Firm News
Eastern District of Louisiana – Client of Law Firm Does Not Have Attorney-Client Relationship With Every Attorney in Firm
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. […]