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…
Chicago Legal Malpractice Lawyer Blog
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…
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…
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…
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…
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…
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…
Law Firm Gives Incorrect Advice On Appeal Deadline But Still Defeats Malpractice Claim
Proximate causation is often the issue that defeats a legal malpractice case. In this case, even though a law firm failed to timely appeal an interlocutory ruling, there was no malpractice because the ruling was correct. Thus, even if the appeal had been filed on time, the plaintiff would have…
Withdrawal From A Lawsuit Does Not Bar A Legal Malpractice Claim
This is an important issue in legal malpractice cases. A lawyer represents a client in litigation. If the lawyer is granted leave to withdraw from that matter by the court, does that decision bar a legal malpractice claim by the client? The Washington Court of Appeals held that the withdrawal,…
Must A Lawyer Explain The Terms of A Marital Settlement Agreement To His Client?
The Nebraska Supreme Court has reversed a grant of summary judgment in favor of a lawyer in a legal malpractice claim. The plaintiff was a former client of a divorce attorney. She alleged that he breached the standard of care by failing to explain to her that she had signed…