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…
In Ring v. Schencker, 2021 IL App (1st) 180909-U, Barry Ring sued his former father-in-law, Richard Schencker for legal malpractice. During the marriage Ring was represented by Schencker in his business dealings. When he was divorced, Ring alleged that Schencker divulged confidential information to the attorneys for Ring’s wife (Schencker’s…
In Walker v. Shaevitz & Shaevitz, 2021 NY Slip Op 1799 (Appellate Division Second Department) the court affirmed the dismissal of a legal malpractice claim where the plaintiff attempted to create an issue of fact with her testimony. The problem for the plaintiff was that her testimony in the legal…
Scarola Malone & Zubatov LLP v. Ellner, 2021 NY Slip Op 31199(U), April 8, 2021 (Supreme Court New York County) began with a lawsuit for legal fees against a client who declined to pay. The Defendant then filed a counterclaim alleging legal malpractice. The counterclaims alleged that the law firm…
The Illinois Appellate Court recently decided Rosenberger v. Meltzer, Purtill & Steele, LLC, 2021 IL App (1st) 200414-U. Rosenberger hired the Defendant Law Firm to represent him in connection with the negotiation of an employment contract with CenTrust. CenTrust had entered into an operating agreement with the Office of the…
In Illinois, there are two parts to the statute of limitations. First, you have two years from the time you discover your injury to sue a lawyer. Second, you cannot sue the lawyer based on an action that he took more than 6 years prior to the date you file…