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Articles Posted in Legal Malpractice

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Attorney Escapes Liability For Pension Error Due to Statute of Limitations

ALEO v. Weyant, Tenn: Court of Appeals 2013 – Google Scholar. This is a growing area of legal malpractice liability for family law practitioners. After a divorce, one party claims that her lawyer failed to secure a portion of the other party’s pension. The divorce court has the right to…

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Iowa Supreme Court Suspends Lawyer For Failing to Recognize Nigerian Scam

The case is captioned Iowa Supreme Court Attorney Disciplinary Board v. Robert Allan Wright, Jr., 13-0780, December 6, 2013.  The Iowa Supreme Court disciplined Wright for (a) failing to recognize a Nigerian scam and (b) allowing other clients to participate in the scam.  This case has received a fair amount…

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District Court Dismisses Insurance Company’s Legal Malpractice Case Against Defense Counsel

WEST BEND MUTUAL INSURANCE COMPANY v. RODDY, LEAHY, GUILL & ZIMA, LTD., Dist. Court, ND Illinois 2013 – Google Scholar. This is an unpublished decision concerning an allegation of legal malpractice in a workers’ compensation case. The plaintiff is the insurance company. The defendants are the lawyers it hired to…

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Appellate Court Holds That Lawyer Waited Too Long To Sue Accountant For Negligence

Kadlec v. Sumner, Ill: Appellate Court, 1st Dist., 2nd Div. 2013 – Google Scholar. This is an opinion affirming the dismissal of a contribution claim against an accounting firm. The executor of an estate sued the lawyer for the estate, alleging that the lawyer failed to timely file estate tax…

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District Court Rejects Legal Malpractice Claim Based Upon a Letter of Credit

RAFOOL v. Evans, Dist. Court, CD Illinois 2013 – Google Scholar. This is a legal malpractice case where the plaintiff claimed that the defendant lawyers were negligent in failing to instruct the plaintiff to draw on a letter of credit prior to filing bankruptcy. The court held that there was…

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Court Denies Summary Judgment Motions in Immigration Malpractice Case

Koch v. PECHOTA, Dist. Court, SD New York 2013 – Google Scholar. This is an immigration malpractice case where the lawyers were hired to represent a woman to help her obtain a green card. They apparently succeeded in that effort. Later, the plaintiff was deported. She sued the lawyers for…

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Illinois Court Holds That The Two-Year SOL Applies to Aiding and Abetting Claim

800 SOUTH WELLS COMMERCIAL, LLC v. HORWOOD MARCUS AND BERK CHARTERED, Ill: Appellate Court, 1st Dist., 4th Div. 2013 – Google Scholar. Plaintiff alleged that Horwood Marcus & Berk (HMB) aided and abetted a breach of fiduciary duty by Nicholas Gouletas and John Cadden. Legal malpractice is governed by a…

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