Rojo v. Tunick, 2021 Il App (2d) 200191, is a legal malpractice case filed by a criminal defendant against his former lawyer. Usually these cases are quickly resolved because the plaintiff cannot plead actual innocence. Since Rojo was convicted he could not plead actual innocence. However, Rojo alleged a second…
avoiding-malpractice-claims-in-litigation This program is designed for the attorney who wants basic beginning principles on how to avoid malpractice claims. I would describe it as a beginner-level program.
In every legal malpractice case, the plaintiff is required to hire an expert witness, a lawyer, to testify that the defendant breached the standard of care. This is also required in medical malpractice cases. Experts cost money that will inevitably reduce any recovery. So when you think of filing a…
In a recent California legal malpractice case, Andrade v. Purviance, No. A161331, California Court of Appeal, 1st Appellate District 2021, the court upheld the dismissal of a legal malpractice case against a criminal defense attorney where the plaintiff could not show that she had been exonerated. In recent years, some…
The case is ALPS Prop. & Cas. v. Keller, Reynolds 482 P.3d 638 (Montana, 2021). After purchasing the malpractice insurance policy, the firm sought to tender a malpractice claim to the insurer. Unfortunately for the lawyers, the insurer denied coverage because the law firm knew the basis of the malpractice…
In any lawsuit, the plaintiff must prove proximate causation, that the actions of the defendant caused him injury. Here, in a bankruptcy malpractice case, the plaintiff was unable to prove proximate causation. Plaintiff alleged that the bankruptcy lawyers breached the standard of care when the failed to extinguish a liability…
Horvath v. Budin, Reisman, Kupferberg & Bernstein, LLP, 2021 NY Slip Op 30105 is a legal malpractice claim arising out of a bankruptcy matter. In particular, the claim was that the bankruptcy firm failed to list Horvath’s personal injury case in the bankruptcy schedules, resulting in the loss of that…
Short v. Grayson, No. 16-cv-2150 N.D. IL, September 3, 2021 is a malpractice case where the plaintiff alleged that his lawyer was negligent in handling litigation. The problem was that the litigation reached a final adverse judgment in 2013, but the malpractice case was not filed for three years. The…
Thanks to Lawline for hosting this program. https://www.lawline.com/course/avoiding-malpractice-in-family-law-matters?utm_medium=email&utm_source=transactional&utm_campaign=course-live The program discusses typical malpractice claims made against family law attorneys. Family law attorneys, unfortunately, are often involved in highly contentious matters with emotional parties. That is a breeding ground for claims.
Frequently we get calls from a former client of an attorney who believes that legal malpractice may have occurred. Please note that if a case is voluntarily dismissed, the client has one year to refile the case. 735 ILCS 5/2-1009. Until that time period has expired, there is no legal…