This is, unfortunately, an unpublished opinion, In re Marriage of Elizabeth W. Nesbitt and Bruce M. Nesbitt, 2014 IL App (1st) 131825-U. After the parties divorce reached judgment, Bruce brought a legal malpractice action against his former lawyers for errors he alleged caused him to incur economic damages. Elizabeth then…
Last week I gave a presentation on Avoiding Legal Malpractice in Family Law Matters at the Chicago Bar Association Family Law Committee. Thanks to my host, Mallory O’Connor, and Stephanie Capps for help with the presentation. https://www.scribd.com/doc/241354374/Avoiding-Legal-Malpractice-in-Family-Law-Matters-9-29-2014-EXCJr
Phinisee v. LAYSER, Dist. Court, ED Pennsylvania 2014 – Google Scholar. One common claim against a lawyer is that he failed to obtain a good enough deal for his client. Here, the lawyers obtained $1.2 million for the plaintiff and her minor child in a lawsuit against the United States.…
Adkins v. Palermo, Dist. Court, ED Kentucky 2014 – Google Scholar. Probably the most common way to lose a legal malpractice case is to fail to identify an expert. The defendant moves for summary judgment and the court grants it. This opinion is worth reporting because it is well-written. In…
IN RE MARRIAGE OF WIXOM AND WIXOM, Wash: Court of Appeals, 3rd Div. 2014 – Google Scholar. This is an appeal from a divorce case in which a lawyer (Robert Caruso) and his client (Rick Wixom) were held jointly and severally liable for a $55,000 sanction award. The lawyer and…
DEHART v. Lavit, Ky: Court of Appeals 2014 – Google Scholar. This case recognizes a duty of care to opposing counsel to put the opposing counsel’s name on a settlement check. Lavit sued DeHart because DeHart forgot to put his name on a settlement check. The settlement funds were spent…
LAW OFFICE OF OSCAR C. GONZALEZ, INC. v. Sloan, Tex: Court of Appeals, 4th Dist. 2014 – Google Scholar. This is a Texas case in which the lawyer, Oscar Gonzalez, was held liable when his co-counsel converted a settlement check. The attorney tried to defend on the ground that there…
Meyers v. LIVINGSTON, ADLER, PULDA, 87 A. 3d 534 – Conn: Supreme Court 2014 – Google Scholar. One recurring theme in lawsuits against lawyers is whether the plaintiff can sue for breach of contract and thereby obtain a longer statute of limitation. In Illinois, the statute of limitations for a…
IN RE JAHRLING, Bankr. Court, ND Illinois 2014 – Google Scholar. Jahrling is an Illinois lawyer who filed for bankruptcy protection. A creditor who had won a legal malpractice judgment against Jahrling sought to block the discharge of that obligation in the bankruptcy proceeding. “The Estate seeks to except from…
BEFORE THE HEARING BOARD. The ARDC has asserted a problematic claim against a lawyer who split a fee with another lawyer who did some of the work on the matter. I believe that the claim represents a misreading of the text of Rule 1.5(e). First, I will quote the complaint:…