Posts Tagged ‘legal malpractice’

Firm News

Utah and the “No Other Lawyer” Requirement for Causation

By Will Jordan We’ve been dilatory in our blogging efforts lately. The blogging grind can be taxing. Other commitments get in the way. You know the drill. We know, “[R]ule number 76. No excuses. Play like a champion.” We’re back and we’ll try to be better. Today’s dose of legal malpractice news comes out of […]

Firm News

The Intersection of Pop Culture and Legal Malpractice

By Will Jordan It isn’t often that pop culture and the world of legal malpractice intersect. Naturally, when they do, we can’t help but blog about it. “Real Housewife of New Jersey” Teresa Giudice, who is currently serving a fifteen-month prison sentence after pleading guilty to fraud charges relating to her bankruptcy filing, is suing […]

Advocate's Journal

Legal Malpractice Claims Cannot Be Assigned Between Adversaries in Litigation

The South Carolina Supreme Court certified the following question from the United States District Court: “Can a legal malpractice claim be assigned between adversaries in litigation in which the alleged legal malpractice arose?” The Court answered the question in the negative, following the majority of other jurisdictions that have addressed the issue and finding that […]

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 […]

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 […]