This case illustrates an important difference in the law. In Pennsylvania, a party cannot sue for legal malpractice if that same party settled the underlying case, unless that party can prove that it was fraudulently induced into entering the settlement agreement. In Kachmar, the plaintiff sued his former matrimonial lawyer…
This case and the opinions it has spawned proves that truth is stranger than fiction. The most recent opinion details the results of two trials and two appeals. The Appellate Court twice reversed trial court judgments that were incredibly lawyer friendly, that allowed the estate of a lawyer to retain funds…
This is a lawsuit between an attorney and his malpractice carrier. The lawyer, Thomas Edwards, handled a personal injury lawsuit on behalf of a commercial diver against the diver’s former employer, Cal Dive. He obtained a multi-million dollar settlement. The victory was short-lived as one year later Cal Dive filed…
This case discusses the discovery rule in legal malpractice cases. Specifically, when should the plaintiff know that he had a claim against his employment lawyer? The Facts: In 2011, Nelson hired Padgitt, Padgitt & Peppey to negotiate an employment agreement with his new employer Launch Creative Marketing. Nelson signed the agreement in…
The case is an important one for lawyers who are faced with an ethical issue. The New York Appellate Division held that the attorneys may communicate with their law firm’s general counsel to seek ethical advice and those communications are privileged and are not subject to discovery. In Stock, the…
Sometimes, for reasons that are obscure, the ARDC takes a set of facts that appear to prove negligence and makes a disciplinary complaint out of them. In the case of Barbara Ann Susman, the ARDC charged an immigration lawyer with: (a) failing to act with reasonable diligence, failing to promptly…
The ARDC has filed a complaint against Rhonda Crawford who was employed as a law clerk by the Circuit Court of Cook County. Ms. Crawford is currently running for judge as well. The ARDC alleges that Ms. Crawford wore a judge’s robe and presided over three matters. The allegations are…
This opinion of the Seventh Circuit discusses a legal malpractice case arising out of a class action. The plaintiff, Carlos Rocha, brought a class action against Federal Express. He alleged that Federal Express did not properly classify his employment. Shortly before the underlying case settled, he fired his lawyers. Rocha…
I have written before about Avvo and how frustrating it can be to be reviewed on Avvo. Often the reviews are baseless angry rants. Indeed, one of the reviews on my own Avvo profile is by a person who never engaged me (and I believe never spoke to me). My…
The Terra Museum sued its former attorneys, DLA Piper, for legal malpractice arising out of a real estate deal gone bad. Terra claimed that, due to a drafting error, it was required to pay the other party to the real estate deal millions more than it should have had to…