When is Enough Enough? A Claim of Legal Malpractice in the Course of Settlement Negotiations
11/15/19
By: Jake Loken
The Georgia Court of Appeals confirmed in Smiley v. Blasingame, Burch, Garrard & Ashley, P.C., decided on October 30, 2019, that when a claim of malpractice occurs regarding settlement negotiations, an alleged breach is immaterial if a …
California Lawyers Cannot Churn Files
11/7/19
By: Greg Fayard
Under the Rules of Professional Conduct applicable to California lawyers, attorneys are not supposed to do things where the substantial purpose is to delay, prolong, or cause needless expense. Under Rule 3.2, lawyers can be disciplined for …
Law Firms Under Increased Pressure, Increased Costs for Malpractice Claims
10/31/19
By: Gregory L. Blueford
Per a survey conducted by insurance broker Ames & Gough earlier this year, professional liability is becoming more and more expensive with big money payouts. In its 9th annual survey of top 11 professional liability …
California Lawyers Now Have Duties To Clients “Who Got Away”
9/24/19
By: Greg Fayard
Under Rule 1.18 of California’s Rules of Professional Conduct, lawyers must now protect the confidences of prospective clients–even if a formal lawyer-client relationship never materializes.
That is, confidential information conveyed by a would-be client to a California …
Investors’ Life Insurance ‘Gamble’ Busts out in NJ Courts
9/19/19
By: Justin Boron
To take out insurance, you almost always need an “an insurable interest” in the risk being insured, such as a financial interest in a home or a car. It’s what prevents strangers to the risk from betting …
California Lawyers Now Have A Duty of Diligence
9/13/19
By: Greg Fayard
The prior rules of professional conduct for California lawyers required them to be competent but were silent on also being “diligent.” Under the latest version of the rules, California lawyers now have an express duty of diligence. …
NJ Appellate Division Finds Trial Court Had No Jurisdiction in Fee Dispute Between Firm and Client In Successful Legal Malpractice Action Against Client’s Previous Attorney
9/11/19
By: Erin Lamb
A three-judge panel of the New Jersey appellate division has ruled that a trial judge, having presided over a successful legal malpractice trial, had no jurisdiction to award fees in a dispute between a law firm and …
Don’t Shoot the Messenger: Tips for Avoiding Claims of Negligent Contract Negotiation
9/4/19
By: Catherine Bednar
When negotiating on behalf of a client, an attorney focuses on obtaining the best possible deal, balancing the client’s needs and objectives against the other side’s demands as well as the limitations of the law. An attorney …
Does a California Lawyer Have to Convey All Settlement Offers to the Client?
7/31/19
By: Greg Fayard
Not necessarily. Under Rule 1.4.1 of the ethics rules for California lawyers, in criminal matters, all terms and conditions of plea bargains or other dispositive offers, whether written or oral, have to be communicated to the client …
Pennsylvania Superior Court Maintains a Contempt/Sanctions Proceeding is a ‘Civil Proceeding’ Contemplated by the Dragonetti Act
7/29/19
By: Courtney Mazzio
In Pennsylvania, the Dragonetti Act created a wrongful use of civil proceedings cause of action, when a person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to …
Are Verbal Fee Splits Among California Law Firms Okay?
7/18/19
By: Greg Fayard
The answer to this question is now “no.” When different law firms split a legal fee–say a contingency fee–verbal “gentlemen’s agreements” are not permitted under California’s new ethics rules. The old ethics rules allowed different law offices …
In Attorney Malpractice Suit Alleging “Negligent Settlement,” Massachusetts Appeals Court Holds No Expert Testimony Is Needed to Show “Fair Settlement Value” of the Underlying Claim
7/10/19
By: Ben Dunlap
The Massachusetts Appeals Court recently addressed the requirements for expert testimony in an attorney malpractice suit, concluding lack of an expert opinion on “fair settlement value” was not fatal to the plaintiff’s case.
Marston v. Orlando, …