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According to the California Court of Appeals, An Attorney's Failure to Disclose Lack of Professional Liability Insurance Renders...

Hance v. Super Stores Industries, 2020 Cal. App. LEXIS 60 (Cal. App. Ct. Jan. 23, 2020) - A pair of plaintiffs' class action attorneys, who were seeking court approval of a settlement agreement in their case, had a...more

New Jersey Appellate Court Holds No Attorney-Client Relationship Between Law Firm and Managing Members of LLC in Legal Malpractice...

In consolidated appeals, a New Jersey appellate court affirmed the trial court's grant of summary judgment in favor of defendants in a legal malpractice action, finding the law firm had only represented the company (a limited...more

According to Tenth Circuit, "Continuous Representation" Doctrine Does Not Toll Legal Malpractice Statute of Limitations Under New...

Cahn v. Word, 2020 U.S. App. LEXIS 193 (10th Cir. Jan. 6, 2020) - Brief Summary - The U.S. Court of Appeals for the Tenth Circuit held that the four year statute of limitations applicable to legal malpractice actions in...more

Appellate Court Holds That Plaintiff Failed to Prove But For Causation, Reversing Award in Plaintiff's Legal Malpractice Action

Drendall Law Office, P.C. v. Mundia, No. 19A-PL-582, 2019 Ind. App. LEXIS 523 (Ct. App. Dec. 2, 2019) - Brief Summary - The Court of Appeals in Indiana overturned a malpractice jury verdict of $312,000 in favor of a...more

Seventh Circuit Allows Law Firm to Dodge RICO Suit Based on Alleged Fraudulent Tax Advice

Menzies v. Seyfarth Shaw LLP, No. 18-3232, 2019 U.S. App. LEXIS 33701 (7th Cir. Nov. 12, 2019) - Brief Summary - In a 2-1 decision, the Seventh Circuit held that the district court properly dismissed an executive's RICO...more

California Court Clears Way for Malicious Prosecution Claim Against Attorney for Cannabis Dispensary

Wykowski v. Chimienti, No. B293271, 2019 Cal. App. Unpub. LEXIS 7168, at *1 (Oct. 28, 2019) - Brief Summary - A California appellate court has cleared the way for a tax attorney named Henry Wykowski to pursue malicious...more

Awkward or not, Former Client Waited Too Long to Sue Attorney

Sharon v. Porter, California Fourth Appellate District Case No. G056706 (September 18, 2019) - Brief Summary - The Sharon case is a cautionary tale that absent a tolling agreement or continued representation, the...more

Lawyers Beware: California Court Applies Multi-Factor Test to Determine if LLC Attorney Inadvertently Formed an "Implied"...

Sprengel v. Zbylut, California Second Appellate District Case No. B282129 (September 10, 2019) - Brief Summary - A California appellate court recently extended the application of a longstanding "totality of the...more

Case Dismissed: Illinois Appellate Court Holds Legal Malpractice Claims Were Time-Barred and Corporate Adverse Domination Tolling...

Edward Shrock, et. al. v. Ungaretti & Harris, Ltd., et. al., 2019 IL App (1st) 181698 - Brief Summary - The First District Appellate Court in Illinois upheld the dismissal of a legal malpractice action brought by a...more

Pro Se Lawyers Can Recover Attorneys' Fees Under Illinois Supreme Court Rule 137

McCarthy v. Taylor, 2019 IL 123622 - Brief Summary - In a case of first impression, the Illinois Supreme Court held that a court is authorized under Illinois Supreme Court Rule 137(a) to impose sanctions in the form of...more

Judicial Error Doctrine Rejected as a Defense to Malpractice Claim Because Attorneys Failed to Appeal the Judgment in the...

American Inter-Fidelity Exchange v. Hope, et. al., (N.D. Illinois 17 C 7934) - Brief Summary - A federal district court in Illinois held that defendants, who were sued for malpractice after a default judgment was...more

Attorney's Discharge Before Statute of Limitations Expired Severed Any Causal Connection in Malpractice Claim

Bush v. Eichholz et al., A19A1388 (Ga. Ct. App. Aug. 16, 2019) - Brief Summary - A personal injury client brought suit against its former law firm for legal malpractice. Because the client terminated the representation...more

Seventh Circuit Affirms: Attorney Personally Liable for Aiding and Abetting Mortgage Fraud Scheme

Fifth Third Mortgage Co. v. Kaufman, No. 18-3295 (7th Cir. Aug. 9, 2019) - Brief Summary - The Seventh Circuit affirmed a ruling that an attorney was personally liable for aiding and abetting a mortgage fraud scheme....more

California Supreme Court Holds Monster Energy Can Pursue Claim Against Attorney for Breach of Confidentiality in Settlement...

Monster Energy Co. v. Schechter, et al., California Sp. Ct., Case No. S251392 (July 11, 2019) - Brief Summary - The California Supreme Court ruled that where an attorney signs a settlement contract under the notation:...more

Minnesota Appellate Court Finds Litigation-Funding Agreement Void and Unenforceable

Maslowski v. Prospect Funding Partners LLC, 2019 BL 25346, Minn. Ct. App., No. A18-1906 (July 8, 2019) - Brief Summary - A Minnesota appellate court upheld a trial court's conclusion that a litigation-funding agreement...more

Successor Legal Counsel Not a "Joint Tortfeasor" Under New Jersey's Joint Tortfeasors Contribution Law

D'Elia v. Law, 2019 N.J.Super.Unpub.LEXIS 1235 (N.J. App. Div. May 30, 2019) - Brief Summary - An attorney who failed to file a demand for arbitration on behalf of a client within the applicable statute of limitations...more

California Court Disqualifies Law Firm in Woolsey Fire Cases

Douglas W. Richardson, et al. v. Southern California Edison Co., et al., Case No. JCCP 5000/19STCV10357 (Superior Ct. L.A. County May 31, 2019) - Brief Summary - Upon motion by the defendant, Southern California Edison...more

New Jersey Court Reaffirms Principle that a Plaintiff Must Establish "But For" Causation and Damages in a Malpractice Claim

Picciolo v. Rittley, 2019 N.J. Super. Unpub. LEXIS 1116 - Brief Summary - The New Jersey Appellate Division affirmed summary judgment for defendants in a legal malpractice action where plaintiff failed to prove actual...more

Federal Court in Texas Affirms Dismissal of Negligence and Breach of Fiduciary Duty Claims Against a Law Firm, But Revives Aiding...

Milligan v. Salamone, 1:18-CV-327-RP (W.D. Tex. Mar. 14, 2019) - Brief Summary - The U.S. District Court for the Western District of Texas recently upheld the bankruptcy court's order dismissing plaintiff's negligence...more

New California Ethics Opinion Addresses Whether There is a Duty to Disclose Ethics Consultation to Clients

California State Bar Formal Opinion No. 2019-197 - Brief Summary - The California Standing Committee on Professional Responsibility and Conduct (the "Committee") recently issued a formal opinion about what ethical...more

Fifth Circuit Declines to Broaden Exceptions to Attorney Immunity in Stanford Ponzi Scheme Litigation

Troice v. Greenberg Traurig, L.L.P., No. 17-11464 (4/17/19 5th Cir. 2019) - Brief Summary - The Fifth Circuit recently declined to recognize exceptions to the general rule of attorney immunity to non-clients for (1)...more

Wisconsin Court of Appeals Discusses Wisconsin Supreme Court's MacLeish Decision

Pence v. Slate, et al., 2018AP652 - Brief Summary - One month after the Wisconsin Supreme Court issued its decision in MacLeish v. Boadman & Clark, LLP, 381 Wis. 2d 471 (2019)—a decision discussed in our previous...more

Wisconsin Supreme Court Declines Invitation to Broaden Legal Malpractice Liability to Non-Client Will Beneficiaries

MacLeish v. Boardman & Clark LLP, 381 Wis. 2d 471 (2019) - Brief Summary - The children and beneficiaries of a father's will sued the attorneys who had administered their father's estate, arguing the attorneys were...more

Sixth Circuit Affirms that Expert Testimony is Necessary to Establish Attorney's Standard of Care and Breach

EQT Production Company v. Dale Phillips, 2019 U.S. App. LEXIS 9229 (6th Cir. 2019) - Brief Summary - The Sixth Circuit became the latest court to affirm the idea that expert witness testimony is generally required to...more

Advocacy Statements Made by Attorney Cannot Later Be Used as Admissions in Legal Malpractice Action

Power Control Devices, Inc. v. Lerner, 2019 Kan. App. LEXIS 5 (Ct. App. Jan. 25, 2019) - Brief Summary - An attorney's statements in the course of representing a client are not admissions and cannot be used as such...more

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