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.…
Chicago Legal Malpractice Lawyer Blog
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here, Tuggle Schiro & Lichtenberger, P.C., v. Country Preferred Insurance Company, 2015 IL App (4th) 141036-U is an unpublished opinion of the Illinois Appellate Court for the Fourth District.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…
Appellate Court Rules Legal Malpractice Claim Is Untimely
Source: Janousek v. KATTEN MUCHIN ROSENMAN LLP, Ill: Appellate Court, 1st Dist., 2nd Div. 2015 – Google Scholar Illinois has a two-year statute of limitations period which applies to legal malpractice claims. Here, the Appellate Court held that the two-year statute operated to bar claims against a law firm that…
Colorado Supreme Court Holds That A Trustee Cannot Proceed Pro Se On Behalf of A Trust
This case is captioned 2015 CO 61, Concerning the Application for Water Rights of the Town of Minturn: J. Tucker, Trustee v. Town of Minturn. The Colorado Supreme Court held that a non-attorney trustee of a trust may not proceed pro se before the water court. The court reasoned that…
D.C. Circuit Enforces Legal Fee Agreement Requiring Client to Pay Lawyer’s Legal Fees
This case is captioned Bode & Grenier, LLC v. Carroll L. Knight. Carroll Knight retained the law firm, Bode & Grenier, LLC, to assist it with litigation and regulatory matters arising out of an oil spill of 100,000 gallons of oil on Carroll Knight’s property in Toledo, Ohio. The lawyers…