Filed December 28. This case involves a lawyer who was the executor of his father’s estate and who, allegedly, took loans from the estate. The prosecution follows a recent trend – the ARDC has often prosecuted lawyers for conduct that does not relate to their legal work if the ARDC…
Hospital Sues Law Firm For Losses Related To Lehman Brothers PASSAVANT MEMORIAL AREA HOSPITAL ASSOCIATION v. LANCASTER POLLARD & CO., Dist. Court, CD Illinois 2013 – Google Scholar. This is a case alleging legal malpractice in the context of corporate law. Passavant Memorial Hospital has sued a law firm that…
BEFORE THE HEARING BOARD. The ARDC has brought a complaint against an Illinois lawyer, accusing him, among other things, of failing to diligently handle litigation that was assigned to him in his firm, failing to keep clients informed and, most seriously, preparing a fake court order to cover up his…
Vermont Mut. Ins. Co. v. McCABE & MACK, LLP, 2013 NY Slip Op 2392 – NY: Appellate Div., 2nd Dept. 2013 – Google Scholar. This case was filed by an insurance company against lawyers who were assigned by the insurance company to handle a subrogation action. The complaint asserted two…
COLONY INSURANCE COMPANY v. FLADSETH, Dist. Court, ND California 2013 – Google Scholar. This case is a declaratory judgment action brought by an insurance company against a lawyer. The underlying cases were two lawsuits against the lawyer. He was accused of charging excessive fees in two medical malpractice lawsuits. He…
O’KELLYN v. Dawson, 2013 PA Super 25 – Pa: Superior Court 2013 – Google Scholar. This is a case where a lawyer was accused of legal malpractice for failing to properly document a settlement of a divorce case. The settlement related to an award of maintenance. The parties agreed on…
ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, GREENBERG, FORMATO & EINIGER, LLP v. UNDERWRITERS AT LLOYD’S, Dist. Court, ED New York 2013 – Google Scholar. Every year, when I receive my legal malpractice insurance application, there is always a question on whether I am an officer or director of an outside entity. In…
LEE & AMTZIS, LLP v. American Guar. & Liab. Ins. Co., 2013 NY Slip Op 30018 – NY: Supreme Court 2013 – Google Scholar. This case is one of a growing group of cases where insurers contest their duty to defend an insured lawyer after the lawyer is sued for…
DRAFT COMPLAINT. The ARDC has filed a complaint against two lawyers who handled a case on a contingency basis. The first agreement from 2005 gave them a legal fee of 33 and 1/3 of the gross amount recovered. After they had obtained a recovery for the client, they lawyers prepared…
Osborne v. Keeney, Ky: Supreme Court 2012 – Google Scholar. This is a legal malpractice case in which the plaintiff alleged that her lawyer failed to file a lawsuit on time and missed the applicable statute of limitations. The Kentucky Supreme Court upheld the claim and addressed other issues as…