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Chicago Legal Malpractice Lawyer Blog

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Professor Alschuler Takes A Shot at Judge Easterbrook

This post does not discuss a legal malpractice issue but an issue of appropriate judicial conduct. Professor Alschuler represented former Governor George Ryan in several of his post-conviction appeals. He is an Emeritus Professor of the University of Chicago Law School and a distinguished scholar in the criminal justice field.…

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Iowa Holds Actual Innocence Is Not Required To Sue For Legal Malpractice

This is an important issue for legal malpractice attorneys. Is a former criminal defendant required to show actual innocence before he can sue for legal malpractice? Most courts have answered this question with “Yes,” but some states are beginning to deviate from the doctrine. The Iowa Supreme Court held that…

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Lawyer’s Outside Business Interest Dooms Coverage Claim

This case presents an all too familiar story: a lawyer obtains malpractice insurance but does not realize or understand that the insurance policy contains an exception for any outside business interest. David Marks was the trustee of two trusts that owned a controlling interest in Titan Global Holdings, Inc. Marks…

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Seventh Circuit Affirms Dismissal of Lawsuit Against Indiana Bar

John J. Otrompke intends to seek admission to the practice of law in the State of Indiana. He filed suit against the Bradley Skolnick and the Indiana State Board of Law Examiners apparently accusing them of violating his first amendment rights. Otrompke was concerned that, if he were to apply…

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Alabama Court Holds Law Firm Liable Where Associate Concealed Facts From Client

This is a legal malpractice case in which the plaintiff, Juakeishia Pruitt retained the Cockrell & Cockrell firm to pursue employment claims against Spillman College and other claims against other parties. According to the opinion, the firm failed to file the claims in timely fashion and an associate concealed that…

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Mayer Brown Escapes Liability For Drafting Error in UCC Statement

Source: OAKLAND POLICE AND FIRE RETIREMENT SYSTEM v. MAYER BROWN, LLP, Dist. Court, ND Illinois 2016 – Google Scholar This is a legal malpractice case that was dismissed because the plaintiff was not a client of Mayer Brown, LLP, a noted Chicago law firm. The plaintiff was part of a…

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Tennessee Court Upholds Legal Malpractice Claim Based on Prenuptial Agreement

This case is captioned Dustin Scott Roberts v. William R. Ray, No E2015-01522-COA-R3-CV, filed April 13, 2016. Roberts retained Ray to draft a prenuptial agreement. Later when Roberts was undergoing a divorce the trial court held that the prenuptial was invalid because Ray did not make a full and fair…

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Illinois Appellate Court Rules Claim Against Corporate Lawyers Is Time-Barred

This is another decision affirming, as time-barred, a legal malpractice case. Plaintiffs alleged that they hired Vedder Price to represent them in a commercial real estate transaction in 2003. Plaintiffs signed personal guarantees. The plaintiffs alleged that the lawyer defendants failed to advise them that one of other parties to…

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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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Virginia Court Holds That An Intended Third Party Beneficiary May Sue Estate Planner For Legal Malpractice

This is another chapter in the long-running battle between beneficiaries of estates and estate planning attorneys. For much of the 19th century if a lawyer made an error in the drafting of an estate planning document, the intended beneficiary could not sue for legal malpractice because the intended beneficiary was…

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