Hinshaw & Culbertson - Lawyers for the Profession®

In a case of first impression, the Texas Court of Appeals held that a party's due process rights were violated where, shortly before trial, (1) its lead counsel was ordered by his physician not to appear in person for trial due… more

Due Process, Jury Trial, Motion for Continuance, Motion for Reconsideration, Remote Proceedings

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Sara Franks

Deciphering Forum Non-Conveniens: Global Law Firm Headquarters’ Location Deemed a Convenient Forum

Lehram Capital Investments, Ltd., et al. v. Baker & McKenzie International, et al., 2024 IL App (1st) 230095 (Feb. 14, 2024) - Brief Summary Plaintiffs Lehram Capital Investments (“Lehram”) and Daniel Rodriguez (“Rodriguez”)… more

Attorney Malpractice, Dispute Resolution, Forum, Forum Non Conveniens, Forum Selection

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Sabrina Geisler

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related to… more

Appellate Courts, Attorney Malpractice, Client Representation, Damages, Expert Testimony

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Ian King II

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to… more

Arbitration, Attorney Malpractice, Client Representation, Discovery, Mandatory Arbitration Clauses

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Erin Lindberg

Absolute Litigation Privilege Bars Claims Stemming From Communications Related to Litigation

Michael Qualizza v. Neil D. Freeman, et al., 2024 IL App (1st) 231534-U (July 26, 2024) - Brief Summary - The First District Appellate Court in Illinois reaffirmed the broad scope of the absolute litigation privilege in claims… more

Absolute Privilege, Defamation, Judicial Proceedings, Litigation Privilege, Testimonial Statements

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Terrence McAvoy

Do Illinois Attorneys Have a Duty to Assess Their Client's Mental Competence?

In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged… more

Appeals, Appellate Courts, Assessment, Client Services, Estate Planning

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Rowan Moriarty

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the… more

Attorney Malpractice, Breach of Duty, Negligence, Proximate Cause, Summary Judgment

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Matthew Pagano

Florida Appellate Court Reverses Summary Judgment for Attorneys Where They Could Have Remedied Prior Counsel's Mistakes and Salvaged Plaintiff's Case

Baum v. Becker & Poliakoff, P.A., 47 Fla. L. Weekly D2374 (Fla. 5th DCA November 18, 2022) - Plaintiff sued her attorneys for malpractice, arguing that they failed to correct her previous attorneys' mistakes in order to… more

Appellate Courts, Attorney Malpractice, Probate Courts, Professional Liability, Service of Process

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Steven Puiszis

Florida Bar Advisory Opinion Holds New Jersey Lawyer Working Remotely From Florida Home Does Not Violate Unauthorized Practice of Law Rules

Florida State Bar Standing Committee on the Unlicensed Practice of Law Advisory Opinion #2019-4 (August 17, 2020) - Brief Summary - The Florida State Bar Standing Committee on the Unlicensed Practice of Law (Committee) issued… more

Advisory Opinions, Florida, New Jersey, New York, Out-of-State Residents

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April Toy

Wisconsin Appellate Court Enforces Limited Scope Retainer Agreement

Michael Freude v. Jeffrey M. Berzowski and Di Renzo & Bomier, LLC., No. 2023 AP 764 (Wis. App. August 7, 2024) - Brief Summary - The plaintiff sued two defendants for legal malpractice related to an allegedly time-barred… more

Appellate Courts, Attorney Communications, Attorney Malpractice, Client Representation, Slip and Fall

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Sam Zabaneh

Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim

Brief Summary - The United States District Court for the District of Massachusetts held that the insured failed to comply with the notice provisions of a claims-made policy. Whether the insurer had actual notice of the claim… more

Anti-Discrimination Policies, Breach of Contract, Indemnification, Insurance Industry, Malpractice Insurance

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Michael Zhang

Florida Bar Advisory Opinion 24-1 Gives Green Light to Generative AI Use by Lawyers – With Four Ethical Caveats

Brief Summary - The Florida Bar has concluded that a lawyer may utilize generative artificial intelligence (AI) so long as the lawyer can reasonably guarantee compliance with the lawyer's ethical obligations… more

Artificial Intelligence, Compliance, Confidential Information, Legal Costs, Legal Ethics

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Hinshaw & Culbertson - Lawyers for the Profession®

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