Here are a few risk management ideas for the New Year. Make sure all clients sign engagement letters and provide retainers. Make sure your malpractice insurance is up to date. Every year I defend lawyers who failed to obtain insurance. Let’s make sure that lawyer isn’t you this year. Don’t…
In Estate of Christo v. Law Offices of Thomas Leahy, 2021 IL App (1st) 200575-U, the Appellate Court reversed the entry of judgment in favor of a law firm in a legal malpractice case filed by the Public Guardian. The Leahy Firm had represented Barbara Rose Christo, Peter Christo and…
Katz v. Katten Muchin 2021 IL App (1st) 200331, is a malpractice case in which the Illinois Appellate court reversed the dismissal of a legal malpractice case. Andre Katz filed a petition to be appointed the temporary guardian of his mother on June 9, 2017. He learned that his mother…
Bielfeldt v. Graves, 2021 IL App (3d) 200118-U, should be a published opinion. In any event, it stands for the proposition that a legal malpractice claim was timely under the federal savings statute. Here a timely legal malpractice claim was filed in federal court. The federal court dismissed that claim…
Rojo v. Tunick, 2021 Il App (2d) 200191, is a legal malpractice case filed by a criminal defendant against his former lawyer. Usually these cases are quickly resolved because the plaintiff cannot plead actual innocence. Since Rojo was convicted he could not plead actual innocence. However, Rojo alleged a second…
avoiding-malpractice-claims-in-litigation This program is designed for the attorney who wants basic beginning principles on how to avoid malpractice claims. I would describe it as a beginner-level program.
In every legal malpractice case, the plaintiff is required to hire an expert witness, a lawyer, to testify that the defendant breached the standard of care. This is also required in medical malpractice cases. Experts cost money that will inevitably reduce any recovery. So when you think of filing a…
In a recent California legal malpractice case, Andrade v. Purviance, No. A161331, California Court of Appeal, 1st Appellate District 2021, the court upheld the dismissal of a legal malpractice case against a criminal defense attorney where the plaintiff could not show that she had been exonerated. In recent years, some…
The case is ALPS Prop. & Cas. v. Keller, Reynolds 482 P.3d 638 (Montana, 2021). After purchasing the malpractice insurance policy, the firm sought to tender a malpractice claim to the insurer. Unfortunately for the lawyers, the insurer denied coverage because the law firm knew the basis of the malpractice…
In any lawsuit, the plaintiff must prove proximate causation, that the actions of the defendant caused him injury. Here, in a bankruptcy malpractice case, the plaintiff was unable to prove proximate causation. Plaintiff alleged that the bankruptcy lawyers breached the standard of care when the failed to extinguish a liability…