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Chicago Legal Malpractice Lawyer Blog

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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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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…

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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…

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