Legal Malpractice

Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client. In order to rise to an actionable level of negligence (an actual breach of a legal duty of care), the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonable attorney would make.Furthermore, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation).
Posts about Legal Malpractice
  • 21% of Lawyers Engage in Bill Padding! (Legal Malpractice Post)

    … increased 10% in 2015.(2016 data is not yet available.) That means the lender liability lawyer that cost $600 in the January of 2015 now costs $660 per hour. The average partner rate in New York City is now $779 per hour! Lawyers can certainly charge what the market will bear. Increasing billing rates and simultaneously bill padding is simply too…

    Due Diligence- 11 readers -
  • Appeals Ct Green Lights Crowe Horwath Accounting Malpractice Suit

    … on that below.) The Indiana Supreme Court long recognized the economic loss rule but said it wasn’t absolute. Legal malpractice claims in Indiana, for example, can be prosecuted as tort claims. Unfortunately, no appeals court in the state had ever ruled on whether accounting malpractice was also an exception to the economic loss rule. Appeals Court…

    Due Diligence- 12 readers -
  • Appeals Ct Green Lights Crowe Horwath Accounting Malpractice Suit

    … on that below.) The Indiana Supreme Court long recognized the economic loss rule but said it wasn’t absolute. Legal malpractice claims in Indiana, for example, can be prosecuted as tort claims. Unfortunately, no appeals court in the state had ever ruled on whether accounting malpractice was also an exception to the economic loss rule. Appeals Court…

    Due Diligence- 11 readers -
  • “Failure to Prosecute” – Recipe for Legal Malpractice

    … much and a court can dismiss a claim for “want of prosecution” or failure to prosecute. A legal malpractice case against a Pennsylvania lawyer offers a good example of failure to prosecute civil claims. In December 2007, Loreen Wright was involved in a car wreck. Almost immediately, Wright sought legal help and hired John Levan to represent her…

    Legal Malpractice - Chris Trebatoski- 30 readers -
  • Independence Day Message for Whistleblowers

    … Independence Day Message for Whistleblowers July 3, 2016 by Brian Mahany Saluting Whistleblowers on the Fourth of July – America’s “Other” Heroes The year was 1976. I was not quite 18 years old and already in college. I remember being home for the summer and watching the tall ships sail through New York Harbor. Although spirits were high…

    Due Diligence- 37 readers -
  • Law Firm Responsible for Ponzi Scheme Losses

    … What does legal malpractice have to do with a Ponzi scheme? Plenty, if a law firm helped facilitate the scheme. When that happens, the lawyers can be held responsible for investor losses. Recently I wrote about the $7 billion Ponzi scheme perpetrated by “Sir” Allen Stanford. For a while, it looked like Stanford’s victims might only receive…

    Due Diligence- 20 readers -
  • Lawyer Misconduct, Altered Documents Leads to Prison

    …, they immediately demanded his resignation. (Tonogbanua by then was a shareholder and thus couldn’t easily be fired.) The firm also notified law enforcement, the state bar and the clients. In March of 2014, Tonogbanua pleaded guilty to one count of wire fraud. His by then former law firm hired an accounting firm to determine the extent of his lawyer…

    Legal Malpractice - Chris Trebatoski- 34 readers -
  • Fla. Lawyer Accused of Conflict of Interest, Legal Malpractice

    … a former client. But can there be a conflict of interest if a lawyer never even represented one of the parties? The answer may surprise you — Yes! And that is why Tampa attorney Barry Cohen is facing legal malpractice claims today. Ross Radiology’s Legal Malpractice Claim Against Barry Cohen Ross Radiology is a Florida based radiology practice…

    Legal Malpractice - Chris Trebatoski- 37 readers -
  • Does a Bad Brief Equal Legal Malpractice?

    … 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…

    Legal Malpractice - Chris Trebatoski- 26 readers -
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