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“Failure to Prosecute” – Recipe for Legal Malpractice Many lawyers seem to be disorganized. Some of the smartest lawyers I know can’t seem to get things done until the last minute and have offices that look like a crime scene. A messy office may turn off clients but isn’t necessarily bad. Waiting to the last second to meet deadlines is a recipe for disaster, however.
Lawyer Fails to “Get the Basics” of Practicing Law – Legal Malpractice We see dozens of legal malpractice claims each year. Some involve missed deadlines, others reflect poor business practices and others are more sinister, theft of client monies. And then there is the case in Washington D.C. of a lawyer who can’t even get “the basics of practicing law right.
Biz Exec Asks Court to Disqualify Lawyer – Legal Malpractice Post Here is a story we see all to often. A Montana business man, Jay Edington, accused of racketeering claims his former lawyer is now representing “the other side.” In other words, his own lawyer is now representing the people accusing him of wrongdoing.
Lawyer Misconduct, Altered Documents Leads to Prison Unfortunately, lawyers make mistakes. Most legal malpractice cases involve missed deadlines, poor work product or failing to listen to directions. And then there are the lawyer misconduct cases. Those cases are usually intentional and deliberate.
Fla. Lawyer Accused of Conflict of Interest, Legal Malpractice Conflict of interest claims frequently land lawyers in hot water. Legal malpractice occurs when a lawyer tries to represent two different clients with adverse interests. Trickier are conflict of interest claims in which a lawyer represents a present client in an action against a former client.
Does a Bad Brief Equal Legal Malpractice? Every lawyer has been challenged in his or her career with trying to craft a winning argument for a client. Sometimes the weight of law is simply against your client. When that happens you can withdraw from representation, convince the client that the cause is hopeless or advocate for a change in the law.
Malpractice Lawyer Misses Deadline, Accused of Legal Malpractice Here is every client’s worst nightmare. The lawyer you hire to pursue a legal malpractice claim misses a deadline. Legal malpractice squared. Frankly, we haven’t encountered this set of facts until now. Every lawyer worries about missing deadlines. Unfortunately, it happens.
Botched Franchise Deal Leads to Legal Malpractice Claim Holland & Knight boasts over 1100 lawyers and offices in 24 U.S. cities. The firm’s sheer size does not protect it from legal malpractice claims, however. The owners of a Los Angeles hotel claim the firm botched a deal with Hyatt causing the hotel to lose over $100 million in profits.
Attorney’s Delay Can Spell Legal Malpractice A New Jersey state appeals court ruled that a lawyer who allowed his client’s automobile accident personal injury case to “fester” for years may not be able to refile. That most certainly means the lawyer will face a legal malpractice action. Even if a lawsuit is filed timely, a court can deem the action waived if the lawyer fails ...
NJ Legal Malpractice Suit Backfires Frank Angrisani was an executive at a New Jersey company called Nexxar Group, Inc. It isn’t clear why he was fired but a court decision talked about legal troubles involving a Brazilian money services company purchased by his employer, Nexxar. Angrisani sued Nexxar for wrongful termination and ultimately settled his case for $800,000.
Client Betrayal Leads to Legal Malpractice Claims John Dougherty is a controversial union boss. As head of the International Brotherhood of Electrical Workers Local 98, Dougherty has seen his fair share of problems. Dougherty was allegedly under investigation by the FBI but no charges were ever filed. During the investigation, the feds searched his home after obtaining a search warrant.
Accounting Firm Pays $55 Million for Missing Madoff Fraud Earlier this month, accounting giant PricewaterhouseCoopers (PwC) settled an accounting malpractice lawsuit by agreeing to pay $55 million. Investors in a Madoff “feeder fund” said the firm missed obvious red flags when auditing Fairfield Greenwich Group. Bernie Madoff is a household word today.
In general, a legal duty is the responsibility to others to act according to the law. There are different types of duties that exist between people based upon the nature of their relationship, as well as established by an agreement or required by law. A fiduciary duty is one of the highest duties one person can owe another.
Time Bar Extended in Legal Malpractice Cases State legislatures have severely limited the time period for suing lawyers. In many states the time period – called a statute of limitations – for legal malpractice claims is just one year. Get in a car accident and you may have four or more years to sue. If your lawyer botches your case, however, the time period to sue is often much shorter.
Botched School Contract May Lead to Legal Malpractice Case Poring over long, boring contracts is no one’s idea of fun. When I sue banks, I often must review “pooling and servicing agreements,” many of which exceed 700 pages and are always in fine print. Sometimes lawyers skim over that small print and miss critical details or flaws. When that occurs, bad things can happen to their clients.