A limited representation agreement is an agreement where a lawyer agrees to undertake some services for a client, but does not agree to handle the client’s entire case. One example of a limited representation agreement is where a lawyer agrees to help a pro se litigant by writing briefs or…
Chicago Legal Malpractice Lawyer Blog
Minnesota Supreme Court Holds That A Complaint Signed By A Lawyer From Another State Is Not Void
The Minnesota Supreme Court has weighed in on the issue of the unauthorized practice of law. The question it considered is whether a complaint signed by a lawyer who was unlicensed is a nullity or whether the defect can be cured. This is an important question and it has been…
New York Court Rejects Divorce Malpractice Claim Where Plaintiff Settled The Underlying Case
This is a legal malpractice case arising out of a divorce case. Plaintiff alleged that her ex-husband concealed assets during the divorce case and that her lawyers were negligent in failing to discover those assets. The lawyer defendants moved to dismiss the case, but the Appellate Division of the Supreme…
“You Did Not Get Me Enough Money!” Says Plaintiff, But Court Rejects Malpractice Claim
This is a legal malpractice case from Mississippi where the plaintiff hired an attorney, Omar Nelson, to bring a wrongful death action against the makers of Plavix. The plaintiff alleged that she asked Nelson to handle the case when he was an associate with the law firm, Sweet and Freese.…
Don’t Throw Away Those Timesheets!
Recently, the Illinois Appellate Court reversed a legal fee award because the lawyers who obtained the award failed to retain copies of their written timesheets after they entered the data into a computer program. Aliano v. Sears, Roebuck & Co., 2015 IL App (1st) 143367. The plaintiff sought recovery under…
Lawyers Recover Legal Fees Under A Common Fund Theory
The case at issue here, Tuggle Schiro & Lichtenberger, P.C., v. Country Preferred Insurance Company, 2015 IL App (4th) 141036-U is an unpublished opinion of the Illinois Appellate Court for the Fourth District. The fee dispute arose out of an automobile accident case. The plaintiff, Carroll Watson, who was insured…
District Court Affirms Legal Malpractice Judgment Against Debtor’s Bankruptcy Lawyers
In this case, a taxi driver was advised by his bankruptcy lawyers to file a Chapter 7 case. The lawyers apparently failed to realize that the taxi driver owned a taxi medallion and that, in a Chapter 7 case, the medallion would be sold by the Trustee to cover the…
ISBA Mutual Has No Duty To Defend Attorney In Legal Fee Dispute With Former Clients
The case is captioned Illinois State Bar Association Mutual Insurance Company v. Thomas W. Burkhart, et al., 2015 IL App (4th) 140936-U. An attorney, Thomas Burkhart, represented Robert and Elizabeth Wilson in a real estate transaction and related litigation. That litigation ultimately resulted in a jury verdict of $30,000 for…
District Court Dismisses Legal Malpractice Lawsuit Relating to Indian Casino
Source: MCZ DEVELOPMENT CORP. v. DICKINSON WRIGHT, PLLC, Dist. Court, ND Illinois 2015 – Google Scholar This case involves allegations that the law firm (Dickinson Wright) committed legal malpractice in connection with work on a proposed “Indian casino project” in Oklahoma. During the representation Plaintiffs requested that the law firm…
Seventh Circuit Rejects An Effort To Rewrite A Contingent Fee Contract
Source: GOESEL v. BOLEY INTERNATIONAL (HK) LTD., Court of Appeals, 7th Circuit 2015 – Google Scholar This case concerns an appeal by a law firm of a decision by the district court to reduce a contingent fee award. The parties agreed to a contingent fee under which the lawyers would…