Posts Tagged ‘legal malpractice’
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. […]
Firm News
New York Supreme Court – Plaintiff Cannot Plead Malpractice Claim as Fraud in Order to Circumvent Statute of Limitations
By Will Jordan Plaintiff brought suit against a law firm for legal malpractice and included “allegations of defendants’ fraudulent conduct.” The legal malpractice claims were barred by the statute of limitations. The court held that the fraud claim, which was subject to a longer statute of limitations, were duplicative of the legal malpractice claim and […]
Firm News
Michigan Court of Appeals – No Attorney-Client Relationship Between Law Clerk and Attorney who Advised Him Concerning His Divorce
By Will Jordan A law student sought and obtained advice from a lawyer at the firm at which he was working concerning his ongoing divorce litigation. The law clerk subsequently brought a legal malpractice action against the attorney and the law firm. The court affirmed the dismissal of the legal malpractice claim, concluding there was […]
Firm News
Maryland Court of Appeals – Co-Counsel Cannot State Claim for Legal Malpractice
By Will Jordan The Maryland Court of Special Appeals affirmed what should be obvious given the requirement of an attorney-client relationship in order to pursue a legal malpractice claim. The court specifically held that a “co-counsel relationship will not suffice.” A law firm does not have a cause of action for legal malpractice against its […]
Firm News
Texas Court of Appeals – Legal Malpractice Plaintiff May Not “Fracture” Legal Malpractice Claims Into Breach of Fiduciary Duty Claims
By Will Jordan Plaintiffs sued their attorneys for legal malpractice and breach of fiduciary duty. Texas law recognizes a “rule against fracturing a negligence claim” which “prevents legal malpractice plaintiffs from opportunistically transforming a claim that sounds only in negligence into some other claim.” As the court noted, “[i]f the gist of the client’s complaint […]
Advocate's Journal
Legal Malpractice: Withdrawal from the attorney-client relationship
The South Carolina Court of Appeals affirmed a $270,000 jury verdict today against an attorney for legal malpractice. In its opinion, the Court of Appeals reminds the bar that “[a]n attorney may not end an attorney-client relationship, and thus relieve himself of the duties arising under it, by unilaterally deciding to allow another attorney to […]