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…
Chicago Legal Malpractice Lawyer Blog
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…
Lawyer Defeats Insurer’s Summary Judgment Motion In Legal Malpractice Case
Lawyer prevails in dispute with malpractice insurer in legal malpractice case Foster v. WESTCHESTER FIRE INSURANCE COMPANY, Dist. Court, WD Pennsylvania 2012 – Google Scholar. This is a dispute between a lawyer and his legal malpractice insurer. One of the major trends in recent years is the coverage lawsuit filed…
Legal Malpractice In the Context of Immigration
Immigration Malpractice Miranda v. Said, Iowa: Court of Appeals 2012 – Google Scholar. This is an unusual case – legal malpractice in the immigration setting. Plaintiffs won a verdict at the trial but appealed on the grounds that the trial court wrongfully barred their claims for mental distress damages, punitive…
On Second Thought, Please Don’t Do That
IN RE GLEASON, Court of Appeals, 11th Circuit 2012 – Google Scholar. A bankruptcy lawyer was unhappy with a ruling. What he did next netted him a 60 day suspension from practicing before the bankruptcy court. The lawyer wrote a letter to the judge and included a bottle of wine…
Michigan Court Rejects Lack of Standing Defense in Legal Malpractice Case
Harkins v. Paxton, Mich: Court of Appeals 2012 – Google Scholar. This is a legal malpractice case. Plaintiffs (referred to as “the Judges”) claimed that they lost an underlying case (a Section 1983 action) because of the negligence of their attorney. The attorney, who was retained by an insurance…
ARDC Hearing Board Recommends Suspension For Lawyer Who Missed Appeal Deadlines
Filed October 5. This is a disciplinary case against Herbert Arthur Bates, an attorney in Illinois. Bates was retained by a convicted criminal to handle his appeal. Bates was paid $10,000. Unfortunately, he missed numerous deadlines and the appeal was dismissed. He also failed to return the transcripts to the…
ARDC Hearing Board Rejects Conflict of Interest Claim In Slow Moving Prosecution
ARDC claims conflict of interest. Filed August 24. This case illustrates one of the problems with the ARDC process. The underlying conduct took place in 2004. The ARDC filed a complaint against the respondent in December 2008! She answered in February 2009, but the case did not come to hearing…
North Carolina Finds Negligence Where Lawyer Fails to Move For A Directed Verdict
Legal Malpractice Case From North Carolina Royster v. McNamara, 723 SE 2d 122 – NC: Court of Appeals 2012 – Google Scholar. This is a legal malpractice case arising out of a litigation matter. The plaintiff, Royster, was a defendant in the underlying case, a fraud case. Legal malpractice in…