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Chicago Legal Malpractice Lawyer Blog

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New York Court Uses Judgment Call Rule to Dismiss Legal Malpractice Claim

The opinion in Lloyd’s Syndicate 2987 v. Furman, Kornfeld & Brennan, LLP, 2020 NY Slip Op 02365 is pithy but worth considering.  Apparently the law firm advised an insurance company that it could deny coverage to a policyholder. That decision proved to be in error and the insurance company sued…

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What Constitutes “Exoneration” Sufficient to Sue Criminal Defense Counsel?

This is another very important and recurring issue in the legal malpractice field. Most states have a rule that provides that a criminal defendant cannot sue his former attorney unless he establishes that he is actually innocent. Texas prefers the term “exoneration.” This year the Texas Supreme Court, in Gray…

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Court Upholds Dismissal of Legal Malpractice Case With Clear Negligence But No Proximate Causation

The case, Herren v. Armenta, No. 1-CA-CV-18-0381 (Arizona Court of Appeals January 14, 2020) is a legal malpractice case where Herren lost her underlying case, a business dispute. As we shall see, despite evidence of negligence she also lost the legal malpractice case. In the underlying matter, Herren hired Armenta…

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Plaintiff Convinces Court That No Expert Is Needed To Prove Legal Malpractice

It is extremely rare for a plaintiff to succeed in a legal malpractice case without obtaining an expert witness to testify as to the appropriate standard of care. Plaintiffs who attempt to prevail without an expert usually see their case dismissed on a summary judgment motion by the Defendant. However,…

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District Court Analyzes Damages Available In a Malpractice Case

Generally, in Illinois, the successful plaintiff in a legal malpractice action can recover from the lawyer the same damages that he could recover in the underlying case. So, in a personal injury case, the plaintiff can recover (a) economic damages, such as medical bills and lost wages and (b) pain…

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