William Carlson and Willis Capital, LLC v. David J. Fish and the Fish Law Firm, P.C., Shawn M. Collins and The Collins Law Firm, P.C., 2015 IL App (1st) 140526. This is a decision of the Illinois Appellate Court affirming the dismissal of a legal malpractice lawsuit on the ground…
Chicago Legal Malpractice Lawyer Blog
Court Rejects Law Firm’s Argument Legal Malpractice Claim Was Barred By A Release
The case is Construction Systems, Inc. v. FagelHaber, LLC, 2015 IL App (1st) 141700. The plaintiff sued FagelHaber for failing to perfect a mechanic’s lien resulting in the subordination of that lien to a mortgagee’s lien. The legal malpractice claim is straightforward. The more interesting question was whether the law…
Illinois Appellate Court Upholds Possessory Lien Over Documents In the Cloud
What is an attorney’s possessory lien? It is a lien that an attorney can use to block the client from access to the file. The attorney, however, cannot enforce the lien in court. In a recent unpublished decision the Illinois Appellate Court held that a law firm can assert a…
Clinton – Leveraging Social Media Presentation
https://www.scribd.com/doc/270354113/Clinton-Leveraging-Social-Media-EXC-Version
June 16 – Law Bulletin Publishing Seminar “Ethics 2015”
Thanks to the Law Bulletin for allowing me to present at this Seminar. My topic was “Leveraging Social Media to Build Your Practice.” The Law Bulletin staff could not have been more helpful or accommodating. Source: June 16 – Ethics 2015
Seventh Circuit Shows Mercy To Lawyer Who Struggled With CM/ECF Filing
The case is Farley v. Koepp, 14-1695. The lawyer for the plaintiff had until March 11, 2013 to file a civil rights case. Here is what happened: On March 8, 2013, the lawyer opened an electronic case file in the Southern District of Illinois. He then emailed a copy of…
You Need A Lawyer – Well, Maybe Not
Can an estate file a lawsuit without retaining a lawyer as counsel of record? The Sixth Circuit has held that it can if the pro se litigant (not a lawyer) is the sole beneficiary of the estate. The Court explained that if a creditor had a claim against the estate,…
Ineffective Assistance Of Counsel Does Not Equal Legal Malpractice
This case, Desetti v. Chester, (Virginia Supreme Court), June 4, 2015, holds that a criminal defendant cannot bring a legal malpractice claim against her former lawyer because she was not factually innocent of the charge. Few legal malpractice cases succeed in the criminal context because the plaintiff (formerly the criminal…
Unhappy Litigant Cannot Sue The Opposing Party’s Lawyer
Workforce Solutions v. Sara L. Pettinger and Scopelitis, Garvin, Light, Hanson & Feary, P.C., 2105 IL (1st) 121265-U. In 2006, Workforce sued Urban Services of America, Inc., for breach of contract when Urban allegedly failed to pay for $573,000 in services. In 2008, Workforce obtained a default judgment against Urban.…
Appellate Court Affirms Summary Judgment in Litigation Malpractice Case
The case is captioned USF Holland, Inv. v. Radogno, Cameli and Hoag, P.C., Illinois Appellate Court, First District, 2014. The case arose out of an underlying personal injury case in which Holland was sued for damages after one of its trucks collided with a car in Indiana. The Radogno firm…