News & Blog

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]