When the Midas Touch Does Not Protect You From Your CLE Obligations
3/15/18
By: Jonathan M. Romvary
As part of every attorney’s ongoing duty of competence, each jurisdiction requires attorneys to attend Continuing Learning Education classes each year. The failure to attain the minimum required credit hours for substantive and ethical topics may …
Avoiding the #%&^%!& Swearing Contest
3/9/18
By: Seth F. Kirby
In the course of defending professionals in all manner of disputes, a common theme is often repeated. It usually involves some variation of the former client (now plaintiff) claiming that they “were told” or that it …
Continuing Fiduciary Relationship Does Not Always Toll the Statute of Limitations in California
3/5/18
By: Brett C. Safford
In Choi v. Sagemark Consulting, 18 Cal. App. 5th 308 (2017) (“Choi”), plaintiffs, husband and wife, filed a lawsuit in November 2010 alleging that defendants, their former financial advisors, offered negligent and fraudulent financial …
Federal Jurisdictional Update
2/19/18
By: Owen T. Rooney
Title 28 of the United States Code Section 1367(d) allows for federal supplemental jurisdiction over state law claims. This statute, as now construed by the US Supreme Court in Artis v. District of Columbia, holds …
Cumis Counsel Limited: Insurer-Appointed Counsel Requires Actual Conflict of Interest
2/9/18
By: David G. Molinari
The California Third District Court of Appeals has ruled that the right to Cumis counsel, independent counsel paid by the insurer (San Diego Federal Credit Union v. Cumis Insurance Soc’y, 162 Cal. App. 3d 358 (1984))…
Puff, Puff, Veto!
1/10/18
By: Jason C. Dineros
This past Thursday, Attorney General Jeff Sessions rescinded the Obama-era’s relaxations for federal prosecutors of marijuana enforcement. This comes only four days into California’s open recreational use market, and potentially halts what has grown into a …
Is an Unethical Fee-Splitting Agreement Per Se Unenforceable? Perhaps Not
1/4/18
By: Mark C. Stephenson
Rule of Professional Conduct 5.4 limits the circumstances in which an attorney may share legal fees with a non-lawyer. A recent Pennsylvania Supreme Court decision considered what impact Rule 5.4 has on the claim that was …
In Defending Legal Malpractice Suits in Georgia, When Subsequent Legal Counsel Was Retained Could Be Crucial
11/30/17
By: Jessica C. Samford
When dealing with a lawsuit alleging legal malpractice, one of the first lines of defense in Georgia is O.C.G.A. § 9-11-9.1, which requires that an expert affidavit be filed at the same time as the complaint. …
Recent Affirmance of the Going and Coming Rule
11/21/17
By: Owen Rooney
In Morales-Simental v. Genentech, California’s First District Court of Appeal affirmed summary judgment for the employer, thus rejecting plaintiff’s attempts to expand on the special errand exception to going and coming rule. (No. A145865). The employee …
Pa. Supreme Court To Reconsider If Settlement Can Trigger Malpractice Suit
11/9/17
By: Barry S. Brownstein
The Pennsylvania Supreme Court has agreed to reexamine the extent to which a settlement agreement can serve as the basis for a legal malpractice case. The case stems from Eileen McGuire’s efforts to sue a hospital …
Wire Fraud. Who Bears the Risk?
11/2/17
By: Allison S. Hyatt
Wire fraud is on the rise in recent years. Finding out that escrow funds were mistakenly wired into the wrong hands is every broker, banker, consumer or escrow agent’s worst nightmare. Article 4A of the Uniform …
Does Being Behind Bars Bar a Criminal Malpractice Claim?
10/25/17
By: Sara E. Brochstein
It is well established that in a legal malpractice action, a plaintiff has the burden of proving three elements: (1) an attorney-client relationship with the defendant attorney; (2) failure of the attorney to exercise ordinary care, …