BEFORE THE HEARING BOARD. Each year the ARDC files many cases against lawyer who convert funds from client trust accounts. This case is slightly different. The ARDC has charged one member of a two-member firm with failing to (a) maintain accurate and complete client trust account records and (b) failing…
Chicago Legal Malpractice Lawyer Blog
Illinois Appellate Court Sanctions Lawyers For Failing To Disclose Contrary Authority
This is an unpublished case, captioned, In re Marriage of Marie Brinkley v. Leonard Przysucha, 2014 Ill App (1st) 131397-U. The case is a dispute over child support obligations. The respondent allegedly had a large balance of unpaid child support. The petitioner, however, had obtained a bankruptcy discharge and did…
Vermont Supreme Court Disciplines A Judge For Failing To Rule Promptly In Guardianship Proceeding
In re Balivet – 2014 VT 41 :: 2014 :: Vermont Supreme Court Decisions :: Vermont Case Law :: US Case Law :: US Law :: Justia. Vermont has reprimanded a judge for failing to rule promptly in a family court matter involving the guardianship of a minor child. This…
New York Suspends A Lawyer Who Agreed to Help A Client Sue HIs Employer for Legal Malpractice
MATTER OF NOVINS, 2014 NY Slip Op 3465 – NY: Appellate Div., 1st Dept. 2014 – Google Scholar. Some of the facts set forth in ethics cases are almost impossible to believe. This is one such case where an associate of a law firm agreed to assist a former client…
Catalanello v. Kramer – Court Recognizes Privilege for Fair Reporting
This post is off-topic, but it is important to bloggers and writers. My initial reaction to this decision was “Whew.” This blog often reports on cases that have been filed. When a complaint is filed, I may write a blog post even though the allegations in the complaint have not…
Insurer’s Legal Malpractice Action Against Defense Counsel Dismissed
WEST BEND MUTUAL INSURANCE COMPANY v. RODDY, LEAHY, GUILL & ZIEMA, LTD., Dist. Court, ND Illinois 2014 – Google Scholar. This is a legal malpractice case arising out of a defense of a workers compensation claim. West Bend alleged that the defense counsel retained to handle the workers compensation claim…
Much Ado About Nothing – Negligence But No Damages
This is a legal malpractice case in which the plaintiff, after enormous effort, obtained a damages award of $2000 at trial. The Appellate Court affirmed the damage award. Unfortunately, the Appellate Court issued an unpublished opinion, Hubertus Investment Group v. Smiegelski & Wator, P.C., 2014 IL App (1st) 131927-U. This…
ARDC Hearing Board Recommends 60 Day Suspension for Resume Falsehoods
Filed April 10. This is a case involving a lawyer who successfully obtained employment with DCFS. The ARDC charged that he falsified his Illinois Employment Application by listing employment at a company. By falsifying employment (and salary) the lawyers was able to obtain a higher salary than he otherwise would…
Statute of Limitations Bars Estate Planning Malpractice Claim
Illinois has a statute of limitations (2 years from discovery) and a statute of repose (6 years from the alleged negligent act by the attorney). In estate planning matters, Illinois also has another provision 735 ILCS 5/13-214.3(d) which governs injuries that occur on the death of the client. In 2002,…
Corporate Investigations – Every Employee Needs To Consider This Issue
You are an employee of a corporation. Something bad happens and the corporation’s internal lawyer (or an outside lawyer) tells you he wants to talk to you. When the interview starts, he tells you that he does not represent you, he only represents the corporation. You don’t think about the…