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Chicago Legal Malpractice Lawyer Blog

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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