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Chicago Legal Malpractice Lawyer Blog

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Seventh Circuit Applies Judicial Estoppel Doctrine to Legal Malpractice Case

GROCHOCINSKI v. MAYER BROWN ROWE & MAW, LLP, Court of Appeals, 7th Circuit 2013 – Google Scholar. The Seventh Circuit has affirmed the dismissal of this legal malpractice case filed by a bankruptcy trustee against Mayer Brown Rowe and Maw.  This case has garnered some attention in the legal ethics…

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Legal Malpractice Claim Arises From Securities Law Error

Goldfine v. BARACK, FERRAZZANO, KIRSCHBAUM AND PERLMAN, Ill: Appellate Court, 1st Dist., 6th Div. 2013 – Google Scholar. The Illinois Appellate Court, First District, Sixth Division, has affirmed a judgment entered in favor of the plaintiff and against a defendant law firm. The allegation of negligence was that the law…

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Secretary Turns In Lawyer – ARDC Files Complaint

BEFORE THE HEARING BOARD. This is a complaint filed by the ARDC, the Attorney Registration and Disciplinary Commission. The ARDC’s complaint alleges that an attorney, Tina Marie Jacobs, filed a foreclosure case against a homeowner. The ARDC alleges that the lawyer failed to provide the homeowner with a grace period…

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District Court Dismisses Divorce Malpractice Claim

VALUKAS v. BOTTI MARINACCIO, LTD, Dist. Court, ND Illinois 2013 – Google Scholar. This is a decision dismissing a divorce malpractice claim on statute of limitations grounds. The plaintiff, James Valukas, hired the defendant law firm to represent him in his divorce. Valukas claimed that the law firm negligently drafted…

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ARDC Hearing Board Recommends Two Year Suspension For Misuse of Condo Funds

Filed June 12. The respondent, an attorney, was the President and Treasurer of her condo association. She allegedly used $5,666.29 in condominium funds for personal purchases. The Condominium association apparently reported her to the ARDC which filed a complaint. The Hearing Board states that the respondent had $175,000 in student…

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LLC Member Lacks Standing To Sue For Legal Malpractice – Says Nebraska Court

KLINGELHOEFER v. PARKER, GROSSART, BAHENSKY & BEUCKE, LLP, 20 Neb. App. 825 – Neb: Court of Appeals 2013 – Google Scholar. This case concerns whether a member of an LLC can sue for legal malpractice the lawyers who represented the entity. The Nebraska Court of Appeals held that the plaintiff,…

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Most Trial Decisions Are Judgment Calls For the Lawyer To Make – Not the Client

This case is a somewhat routine affirmance of a bank fraud conviction and the rejection of an ineffective assistance of counsel claim. The Defendant alleged that her lawyer rendered ineffective assistance of counsel by failing to call certain witnesses at the trial of the case. In the criminal world, an…

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Attorney Prevails In Attorney Lien Dispute with Client

EXACT SOFTWARE NORTH AMERICA, INC. v. DeMOISEY, Court of Appeals, 6th Circuit 2013 – Google Scholar. This is a dispute between an attorney and a client concerning an attorney lien. Such disputes are common. This case illustrates the correct way to protect a disputed legal fee with an attorney lien.…

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Lawyers’ Claim For Insurance Rejected Because Claim Arose Before Policy Period

CLAUSON & ATWOOD v. PROFESSIONALS DIRECT INSURANCE CO., Dist. Court, D. New Hampshire 2013 – Google Scholar. This is yet another development in the huge and growing area of litigation between lawyers and their legal malpractice insurers. Here, the insurance company obtained summary judgment against the lawyers on the ground…

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