Rodowicz v. Feldman, Perlstein & Greene, LLC 3:20-cv-00777 D. Conn. 2024 was a legal malpractice suit where the plaintiff claimed that he lost the underlying litigation (a breach of fiduciary duty by a trustee case) because of his lawyers’ negligence. He had no expert and summary judgment was granted in…
In Jackson v. Law Offices of Peter Sverd, PLLC, 2024 NY Slip Op 30413 (NY Supreme Court 2024), the plaintiff sued her lawyer for malpractice arising out of an appeal of a discrimination lawsuit. The court held that the plaintiff would not have won the appeal under any circumstances so…
One area that can lead to claims against lawyers occurs when the lawyer accepts one part of a representation but declines to represent the client in another matter. Any declination should be communicated clearly to the client and confirmed in writing. If you don’t do that, the client may later…
Plaintiff lost his malpractice claim against his lawyers because the court deemed his expert reports inadmissible. In the alternative, Plaintiff argued that his lawyers were negligent by failing to dispute the court’s finding that the operations of a company were illegal. The New Jersey Appellate Court rejected that argument on…
Plaintiff claimed that her lawyer was negligent in his handling of her appeal from a case in which plaintiff claimed that Well Fargo had discriminated against her. Plaintiff’s legal malpractice case was dismissed because plaintiff could not show how any lawyer could have won the appeal. The court put it…
The statute of limitations often defeats legal malpractice claims that might otherwise have some merit. The statute of limitations is the best possible defense a lawyer can have. The statute of limitations differs from state to state. As a client, the important thing to remember is to get moving as…
In Gopstein v. Bellinson Law, LLC, 2023 NY Slip Op 33476, the plaintiff alleged that he retained the law firm to handle a personal injury action, which later settled. Plaintiff claimed that the lawyers were negligent and that their negligence caused him to settle for a reduced amount. The law…
Abercrombie Group, LLC v. Clark, Court of Appeals of Texas, Second District 2023. The company sued its law firm alleging that the lawyers failed to bring suit in a timely fashion. The lawsuit concerned a promissory note. The plaintiff would be required to prove that had the lawyer acted differently…
I asked Chat GPT what “Legal Malpractice” is. It produced the following overview, which I then edited. Legal malpractice refers to a situation in which an attorney fails to perform his duties to a client in a competent and ethical manner, resulting in harm or financial loss to the client.…
The Supreme Court of Texas has issued an opinion in USA Lending Group, Inc. v. Winstead, P.C., 669 S.W.3d 195 (2023). In this case the client sued its former law firm for failing to request damages in a default judgment motion. USA Lending hired the law firm to sue its…