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Articles Posted in Conflict of Interest

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New York Court Issues Opinion On Conflict Of Interest In Foreclosure Proceeding

Lawyers can be sued for aiding an abetting a fraudulent act or scheme. Such cases are rare, but not unheard of. Harpia Asset Management, LLC v. Shanbaum, 2020 NY Slip Op 30953(U) is one such case. Plaintiff alleged that the defendant lawyer aided and abetted another party’s wrongful conduct in…

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Where Plaintiff Has No Expert, Defendant Is Entitled to Summary Judgment in Case Alleging Conflict

The case is Grayson v. Michael J. Korst, P.C., and Michael J. Korst, 16 c 1297 N. D. Ill.  Grayson and his business partner were represented by the Defendants in a transaction in which Grayson and his business partner sold the business (a Domino’s franchise) to a buyer. Grayson alleged…

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District Court Holds that Confessing a Judgment Does Not Create An Attorney-Client Relationship

Please note that I was one of the lawyers who represented the plaintiff in this case. The case was designed to challenge the confession of judgment by a law firm that had previously represented a bank that filed a collection lawsuit. So, the Bank, represented by Ginsberg Jacobs filed suit…

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Statute of Repose Dooms Long-Running Legal Malpractice Claim

This legal malpractice claim is a spin-off from other long running litigation filed by Prospect Development LLC against the City of Prospect Heights arising out of a real estate deal that went sour.  The defendant attorney in the legal malpractice action was Robert Kreger. Kreger was the general counsel of…

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Proximate Causation Defeats Conflict of Interest Legal Malpractice Claim 

The plaintiff, Cynthia O’Neal, brought a legal malpractice claim against her former lawyers. O’Neal, an owner of a restaurant chain that fell on hard times, alleged that her former lawyers had a conflict of interest when the represented her company and the opposing party in an assumption of a lease.…

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Do Not Throw Your Client Under the Bus!

IN RE MARRIAGE OF WIXOM AND WIXOM, Wash: Court of Appeals, 3rd Div. 2014 – Google Scholar. This is an appeal from a divorce case in which a lawyer (Robert Caruso) and his client (Rick Wixom) were held jointly and severally liable for a $55,000 sanction award. The lawyer and…

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ARDC Hearing Board Rejects Conflict of Interest Claim In Slow Moving Prosecution

ARDC claims conflict of interest. Filed August 24. This case illustrates one of the problems with the ARDC process.  The underlying conduct took place in 2004.  The ARDC filed a complaint against the respondent in December 2008!  She answered in February 2009, but the case did not come to hearing…

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