A Primer on the Texas Bar Disciplinary System | Seana Willing | Texas Appellate Law Podcast
Polsinelli Podcast - Avoiding Professional Liability
Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances....more
The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding...more
We have previously outlined several cases where lawyers have been sanctioned by courts for citing fake cases generated by artificial intelligence (AI), also known as “hallucinations.”...more
A recent update to New Jersey’s Model Civil Jury Charges marks a significant development in legal malpractice law—and directly reflects the work of attorneys in our Mount Laurel, New Jersey office, Jack Slimm and Jeremy...more
The Minnesota Court of Appeals has held that a malpractice claim was “deemed made” against an insured law firm when it received from its former client’s new counsel a letter directing the law firm to preserve records related...more
Wire transfer fraud is on the rise, and attorneys are increasingly becoming prime targets for cybercriminals. With billions lost annually to fraudulent transactions, legal professionals who fail to implement robust...more
John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the...more
Some key changes impacting attorneys have been proposed to the Local Rules for the U.S. District Court for the District of Maryland. Two of the proposed changes concern attorney incapacity, caused by issues such as illness,...more
Consider the following hypothetical. A corporate client hires a lawyer in connection with purchasing a controlling interest in an LLC. The lawyer structures the deal to lower the client's tax liability based on his assumption...more
In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s...more
We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...more
In a previous blog, I discussed the process of a parent obtaining a guardianship for their special needs child. This blog discusses why it is not a good idea to try to shortcut this process and to simply have your child sign...more
U.S. Eleventh Circuit Court of Appeals - Albert v. Ass’n of Anti-Money Laundering - ADA, § 309 - NRA v. Bondi - firearms, sales to minors, young adults, constitutional challenges - Org of Prof Aviculturists v. FDLA...more
The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla. Goldberg Segalla’s client was the...more
The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more
Venue and Retainer Agreements - Price v. Kohn, Swift & Graf, P.C., 24-CV-04720 (JMW), 2024 WL 4528928 (E.D.N.Y. Oct. 18, 2024) - In this case, argued by Nicholas P. Chrysanthem of tour New York City and Long Island offices,...more
An attorney cannot be liable for failing act outside the scope of the retainer agreement. Kohler v. Polsky, 219 AD3d 821, 822 (2d Dept 2023) - The plaintiff had retained the defendant-attorney for representation in a workers’...more
In a first-of-its-kind move, the California State Bar endorsed a plan to expunge attorney discipline records—other than disbarment—after eight years. The practical effect of the move is that public discipline would no longer...more
Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,...more
A decision impacting the defense of such actions from damages claims by new businesses - In an Appellate decision impacting the defense of legal malpractice actions arising out of claims for damages by new businesses, Jack...more
Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more
In Ex-Prosecutor Disbarred For Fabricating Harassing Texts – Law360 (Jan. 7, 2025), Thy Vo reported on a fabrication of evidence case. The decision, State of Colorado vs. Yujin Choi, No 24PDJ019, is not yet posted on Recent...more
As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more
As the digital landscape continues to evolve, so do the challenges surrounding privacy and data protection, particularly in the legal profession. Law firms are increasingly handling sensitive client information, creating...more
The title esquire sometimes appears after a lawyer’s name, usually abbreviated as “Esq.” But what does esquire mean? The Esq. meaning is a bit convoluted. In the U.S., the esquire title is generally reserved for lawyers....more