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Law Firm’s Effort To Sanction Former Client Falls Flat


via Malm v. MOMKUS McCLUSKEY, LLC, Dist. Court, ND Illinois 2013 – Google Scholar.

This is a link to an unpublished decision denying a motion for Rule 11 sanctions in a legal malpractice. The client was sued in connection with a business transaction in the Northern District of Georgia. In 2009, the law firm withdrew from the representation. The court gave the client until May 4, 2009 to get a new attorney.

In August 2011, the federal court in Georgia entered a judgment of $1,875,633 against the former client and another entity.

The client alleged that the law firm never sent him the order allowing it to withdraw and alleged that the law firm should have known that it had the wrong address for him.

In April 2013, the district court granted the law firm’s motion to dismiss.

The motion for sanctions was also denied because there was no evidence of bad faith and because the it was not “obvious” when the case was filed that it would not succeed.

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