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Chicago Legal Malpractice Lawyer Blog

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Judgment Creditor Cannot Force Judgment Debtor To Assign Legal Malpractice Claim

YCB INTERNATIONAL, INC. v. UCF TRADING CO., LTD., Dist. Court, ND Illinois 2014 – Google Scholar. This is an opinion by Judge Holderman who held that a judgment creditor cannot force a judgment debtor to assign a potential legal malpractice claim to the creditor. Here, upon obtaining the judgment YCB…

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Lawyers Feud Over Referral Fees Reaches Appellate Court

The case is captioned Ferris, Thompson & Zweig, Ltd., 2014 IL App (2d) 130129. The plaintiff law firm entered into a written agreement with the defendant, another lawyer, under which two workers’ compensation cases were referred to defendant’s law firm. Under the agreement, plaintiff was to receive 45% of the…

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New York Court Correctly Holds That Lawyer’s Death Does Not Bar Legal Malpractice Claim

Cabrera v Collazo 2014 NY Slip Op 00622. This is an opinion of the New York Supreme Court, Appellate Division. The facts were simple. The attorney missed the applicable statute of limitations and the client’s claim was barred. In such cases, the lawyer is liable for legal malpractice if the…

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New York Court Holds Statements In Letter Terminating Lawyer Cannot Support Defamation Claim

In Frechtman v. Gutterman, 2014 NY Slip Op 00437, the Supreme Court, Appellate Division, a lawyer received an irate letter from his client in which his services were terminated. The lawyer sought to sue for defamation. The trial court dismissed the defamation case and the Appellate Division affirmed. The letter…

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Lawyer Agrees to A Reprimand for Responding to Avvo Review.

BEFORE THE HEARING BOARD OF THE. A lawyer, Betty Tsamis, and the ARDC have agreed to a reprimand to settle a disciplinary complaint. There were two counts in the complaint. Count I alleged that Tsamis inadvertently converted settlement funds because of poor bookkeeping practices.  Count II gathered news attention. Count…

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Illinois Appellate Court Reinstates Legal Malpractice Case And Rejects Attorney Judgmental Immunity Argument

The case is captioned Nelson v. Quarles and Brady, LLP, 1-12-3122, Illinois Appellate Court, First District. This is probably the most important legal malpractice case decided in Illinois in 2013. The opinion is thoughtful and scholarly. The underlying case The underlying dispute was a contract dispute between two business partners,…

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ARDC Hearing Board Recommends Six Month Suspension For Lawyer Who Borrowed $50,000 from Elderly Client

The case is captioned In re Michael Naphtali Miller, 2012 PR 00072 In 2004, Miller represented Jeanne O. Meyer in the sale of her home. Ms. Meyer was 77 years old at the time. In 2009, Miller prepared statutory powers of attorney for healthcare and property for Ms. Meyer, both…

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Attorney Escapes Liability For Pension Error Due to Statute of Limitations

ALEO v. Weyant, Tenn: Court of Appeals 2013 – Google Scholar. This is a growing area of legal malpractice liability for family law practitioners. After a divorce, one party claims that her lawyer failed to secure a portion of the other party’s pension. The divorce court has the right to…

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Iowa Supreme Court Suspends Lawyer For Failing to Recognize Nigerian Scam

The case is captioned Iowa Supreme Court Attorney Disciplinary Board v. Robert Allan Wright, Jr., 13-0780, December 6, 2013.  The Iowa Supreme Court disciplined Wright for (a) failing to recognize a Nigerian scam and (b) allowing other clients to participate in the scam.  This case has received a fair amount…

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ARDC Review Board Recommends A Three Year Suspension For Lawyer Who Attacked the Integrity of Judges

Filed December 13. This is a decision of the ARDC Review Board recommending a three-year suspension for a lawyer who attacked the integrity of four judges. The Review Board concluded that the statements were not protected by the First Amendment because the statements were obviously false. The lawyer accused the…

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