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…
Chicago Legal Malpractice Lawyer Blog
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…
ARDC Claims Two Lawyers Overreached By Presenting Client With A New Fee Agreement
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…
Kentucky Supreme Court Upholds Legal Malpractice Case and Discusses Case Within A Case Requirement
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…
Texas Court of Appeals Affirms Suspension For Lawyer Who Missed Deadlines in Immigration Matter
Allison v. Commission for Lawyer Discipline, Tex: Court of Appeals, 14th Dist. 2012 – Google Scholar. The Texas Court of Appeals has affirmed a suspension for a lawyer who missed deadlines in an immigration matter and whose client was deported as a result. This is a case where a…
ARDC Hearing Board Recommends 6 Month Suspension For Lawyer Who Falsely Notarized Deed
Filed November 30. The ARDC Hearing Board has recommended a six month suspension for a lawyer who falsely notarized a quit claim deed and then, when he received an inquiry from the ARDC, falsely informed the ARDC that the signatures of his clients were genuine. The panel explains: ” Rule…
Federal District Court Allows Excess Insurer To Bring Legal Malpractice Claim
Excess Insurer Can Bring Legal Malpractice Claim Against Lawyer ACE AMERICAN INSURANCE CO. v. SANDBERG, PHOENIX & VON GONTARD, PC., Dist. Court, SD Illinois 2012 – Google Scholar. This is a dispute between an insurer and the lawyers who were hired to defend a case. Illinois has recognized that an…