The case is captioned In the Matter of Joseph Stork Smith, 29S00-1201-D1-8. The Indiana Supreme Court disbarred an attorney for “revealing confidential information relating to his representation of a former client by publishing the information in a book for personal gain.” The lawyer also allegedly had a sexual relationship with…
Fink v. SHELDON BANK, Ill: Appellate Court, 1st Dist., 3rd Div. 2013 – Google Scholar. Illinois has long followed the actual innocence rule, which holds that a criminal defendant may not sue his former attorney for legal malpractice unless he can prove that he was actually innocent of the crime.…
AXA CORPORATE SOLUTIONS ASSURANCE v. HOFF & HERRAN, Dist. Court, ND Illinois 2013 – Google Scholar. The Illinois Attorney Lien Act of 1909 (yes, that is not a typo) provides that an attorney can place al lien on a claim that his client places with him for collection. Liens are…
A qui tam case is a case in which a plaintiff, usually a former insider, sues his former employer on behalf of the United States and alleges that the United States was defrauded. The plaintiff is referred to as a “relator.” The relevant statute is the False Claims Act, 31…
KELLEY & WITHERSPOON, LLP v. Hooper, Tex: Court of Appeals, 5th Dist. 2013 – Google Scholar. When the claim is that a lawyer breached the duty of care and thereby lost a case, the plaintiff must prove a case within a case, that is, that but for the lawyer’s negligence…
Par via Malm v. MOMKUS McCLUSKEY, LLC, Dist. Court, ND Illinois 2013 – Google Scholar. This is a link to an unpublished decision denying a motion for Rule 11 sanctions in a legal malpractice. The client was sued in connection with a business transaction in the Northern District of Georgia.…
RAFOOL v. Evans, Dist. Court, CD Illinois 2013 – Google Scholar. This is a legal malpractice case where the plaintiff claimed that the defendant lawyers were negligent in failing to instruct the plaintiff to draw on a letter of credit prior to filing bankruptcy. The court held that there was…
McClintock v. West, Cal: Court of Appeal, 4th Appellate Dist., 3rd Div. 2013 – Google Scholar. The Illinois courts have held that a guardian ad litem is immune from a lawsuit from one of the parties. A guardian ad litem is a lawyer appointed by the court in a family…
Koch v. PECHOTA, Dist. Court, SD New York 2013 – Google Scholar. This is an immigration malpractice case where the lawyers were hired to represent a woman to help her obtain a green card. They apparently succeeded in that effort. Later, the plaintiff was deported. She sued the lawyers for…
800 SOUTH WELLS COMMERCIAL, LLC v. HORWOOD MARCUS AND BERK CHARTERED, Ill: Appellate Court, 1st Dist., 4th Div. 2013 – Google Scholar. Plaintiff alleged that Horwood Marcus & Berk (HMB) aided and abetted a breach of fiduciary duty by Nicholas Gouletas and John Cadden. Legal malpractice is governed by a…