Horvath v. Budin, Reisman, Kupferberg & Bernstein, LLP, 2021 NY Slip Op 30105 is a legal malpractice claim arising out of a bankruptcy matter. In particular, the claim was that the bankruptcy firm failed to list Horvath’s personal injury case in the bankruptcy schedules, resulting in the loss of that…
Short v. Grayson, No. 16-cv-2150 N.D. IL, September 3, 2021 is a malpractice case where the plaintiff alleged that his lawyer was negligent in handling litigation. The problem was that the litigation reached a final adverse judgment in 2013, but the malpractice case was not filed for three years. The…
Thanks to Lawline for hosting this program. https://www.lawline.com/course/avoiding-malpractice-in-family-law-matters?utm_medium=email&utm_source=transactional&utm_campaign=course-live The program discusses typical malpractice claims made against family law attorneys. Family law attorneys, unfortunately, are often involved in highly contentious matters with emotional parties. That is a breeding ground for claims.
Frequently we get calls from a former client of an attorney who believes that legal malpractice may have occurred. Please note that if a case is voluntarily dismissed, the client has one year to refile the case. 735 ILCS 5/2-1009. Until that time period has expired, there is no legal…
Addali v. Boyer, No. 410, 2020 (Supreme Court of Delaware) holds that a legal malpractice plaintiff must obtain an expert witness to prevail at trial. In the Addali case the court affirmed the grant of summary judgment to the Defendant attorney. Ed Clinton, Jr. www.clintonlaw.net
This case is captioned Khoury v. Kathleen Niew, Stanley Niew, and Niew Legal Partners, 2021 IL App (2d) 200388. Kathleen Niew converted funds of the plaintiffs that were held in her firm’s trust account. The only issue on appeal was whether the trial court properly held that Stanley Niew also…
Like many other states Illinois prohibits a legal malpractice plaintiff from obtaining punitive damages. However, if the plaintiff is a litigant who had punitive damages awarded against him, can he recover against his attorney? A recent decision answered that question with a “Yes.” In Midwest Sanitary Service, Inc. v. Sandberg,…
In a story that is sadly all too familiar, the Oregon Supreme Court has issued an opinion and public reprimand of Brian Conry, an immigration lawyer who had the temerity to respond to three negative reviews posted online by a former client. In re Conry (OSB 18-104) (SC S067502). Conry…
Lawyers are often asked to provide an estimate of the costs of a matter. Inevitably the client regards the estimate as a limit on the attorneys total bill, even if the case becomes more difficult than originally anticipated. In Dubon v. Drexel, 2021 NY Slip Op 04119, the plaintiff claimed…
Minnesota has enacted a statute that requires a plaintiff to file an affidavit with the complaint stating that the complaint is supported by expert testimony. Full expert disclosures are then required within 180 days of filing the case. In Mittelstaedt v. Henney, 954 NW 2d 852 (2021) the Minnesota Court…