Plaintiffs, Charles Faber and Karen Faber, filed suit against insurance agencies and related individuals, claiming insurance malpractice. Defendants moved for summary judgment on the basis that Plaintiffs’ claims were barred by the statute of limitations. Plaintiffs responded that the limitation period was tolled because Charles could not reasonably have discovered…
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…
This is a case where an insurance company sued a lawyer to rescind an insurance policy on the basis that the lawyer made material omissions in his application for insurance and in his application to renew his insurance. The lawyer missed the statute of limitations in a personal injury case…
A common legal malpractice claim made against a divorce lawyer is that the lawyer failed to take sufficient discovery of the ex-spouse’s assets. Here, Engelman brought such a claim. The claim was defeated, however, by representations in the settlement documents that showed that the client disregarded the lawyers’ advice and…
The ARDC has filed a complaint against Dmitry Feofanov, 2017 PR 00009, for allegedly failing to disclose the death of a client in a lawsuit with a car dealer. Under Illinois law, once the client dies, the attorney-client relationship ceases to exist. The lawyer needs the authorization of the executor…
This disciplinary proceeding stemmed from allegedly false statements contained in a campaign-issued flyer disseminated while Stephen O. Callaghan, Judge-Elect of the 28th Judicial Circuit was a candidate for Judge of the 28th Judicial Circuit. The West Virginia Judicial Hearing Board recommended that Judge-Elect Callaghan be disciplined for three violations of…
For the convenience of the reader, we have taken older posts (2011 to 2013) and put them in a document in our dropbox. Feel free to download them by clicking here. Edward X. Clinton, Jr.
The Illinois Supreme Court has established a new rule that requires attorneys who do not have insurance to undertake an interactive test. The test is designed to make the lawyer more prepared to deal with ethics and risk management issues. The lawyer will earn 4 hours of MCLE credit. Furthermore,…
Another State Supreme Court, here Idaho, has abandoned the actual innocence rule. That rule holds that a criminal defendant cannot sue his lawyer for legal malpractice unless he establishes actual innocence. The court explained: This Court has addressed a legal malpractice claim arising from a criminal case only once, in…
A Chicago attorney known for representing Christian conservative causes has been suspended from practicing in federal court for a year after he admitted making lewd and misogynistic comments to a rival lawyer, including sending an email that twisted her name to spell a vulgar term for a female body part.…