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.…
Chicago Legal Malpractice Lawyer Blog
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…
The Illinois Supreme Court Has Accepted A Disciplinary Case
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
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…
ARDC Brings Complaint Against Lawyer For Fake Court Order
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…
Insurance Company Sues Lawyers For Billing Fraud
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…
California Lawyer Is Not Entitled To Coverage For Fee Disputes With Former Clients
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…
Lawyer Is Accused of Failing To Document A Settlement Of Divorce Case
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…
Lawyers Lose Coverage Case Because Of Involvement In Another Entity
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…
New York Court Grants Summary Judgment To Lawyers In Insurance Dispute
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…