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Chicago Legal Malpractice Lawyer Blog
New Lawline Course on Avoiding Malpractice in Litigation
https://www.lawline.com/course/avoiding-legal-malpractice-claims-in-litigation-update If you have questions about a potential malpractice claim, fill out the form on our website with details of your case. Ed Clinton, Jr.
Court Grants Summary Judgment In Absence of Expert Testimony
In a legal malpractice case, the plaintiff must (almost always) present the testimony of a legal malpractice expert to opine on the standard of care. Experts can be expensive, but requiring an expert forces the plaintiff to hire one anyway. Without an expert on the standard of care, the case…
New York Court Denies Law Firm Summary Judgment
In the case captioned, Caminero v. MICHAEL FLYNN, Esq, PLLC, 2025 NY Slip Op 3701 (NY Appellate Division, 2nd Department 2025), the plaintiff sued his lawyer for legal malpractice arising out of an action under FELA, the Federal Employers’ Liability Act 45 USC §51. Caminero alleged that she was injured…
Don’t Sue the Other Party’s Lawyer
Don’t Sue The Other Party’s Lawyer Unfortunately, one of the most common ways for a lawyer to be sued is by an opposing party. As a lawyer, you owe a duty to your client. You do not owe a duty to the opposing party. (There are duties to the Court…
Illinois Appellate Court Affirms Dismissal on Statute of Limitations Grounds
In the case of Neubauer v. Piercy, 2025 IL App (2d) 240357-U, the Illinois Appellate Court for the Second District affirmed the dismissal of a breach of fiduciary duty claim against a law firm on statute of limitations grounds. The court held that the two-year statute of limitations barred the…
Settlement Remorse Insufficient to Sustain Legal Malpractice Claim
Crab eater seal In Taylor v. Attorneys At Law, CAAP-22-000396 (unpublished), Hawaii Intermediate Court of Appeals, the court affirmed a grant of summary judgment to the defendant attorneys in a legal malpractice claim. Plaintiff retained them to prosecuted a wrongful death action arising out of the death of Taylor’s father.…
If You Win The Client’s Case, You Can Sue For Fees
Lawyers sue for fees and clients file counterclaims for legal malpractice. In this unpublished Ohio case, Tarahfields, LLC v. White Law Office Co., 2025 Ohio 178. The law firm filed a collection case for the client and defeated a summary judgment motion and proceeded to trial. (The outcome of the…
Plaintiff’s Underlying Case Lacked Merit – No Legal Malpractice
In Dodenc v. Dell & Dean, PLLC 2025 NY Slip Op 650, the Appellate Division ordered the dismissal of a legal malpractice claim filed by an unsuccessful plaintiff in a personal injury case. Dodenc alleged that she was unable to prove her case because of the negligence of the law…
New York Court Rejects Application of Attorney Judgment Rule
The attorney judgment rule essentially provides a lawyer with a defense to a malpractice action where the lawyer made a judgment call among one of several reasonable alternatives. The classic example would be to recommend a client plead guilty to a crime or for a criminal defendant not to testify…