Avoiding Legal Malpractice Tip: Don’t Sue Your Client For Fees
6/17/19
By: Greg Fayard
Sometimes clients don’t pay their attorneys’ fees. Should the unpaid lawyer sue his or her client for owed legal fees? While the lawyer certainly has the right to file suit, a lawsuit against a client can trigger …
Avoiding Legal Malpractice Tip: Do Stuff Early
5/31/19
By: Greg Fayard
Missing deadlines is a common source of lawyer malpractice. A blown statute of limitations can be most problematic, as the malpractice case focuses on the value of the underlying case (damages). A missed deadline usually is caused …
New York High Court Narrows Statute of Limitations Under Martin Act
6/22/18
By: Ali Sabzevari
New York’s primary weapon aimed at fraud entitled the Martin Act was drastically hindered by New York’s high court, which found that the law’s statute of limitations was three years, not six years. The case is People …
Little Miller, Big Implications
6/20/18
By: Samantha Skolnick
In Georgia, when an individual performs work on a state construction project, they can file a lien for non-payment. The lien is against the project through Georgia’s Little Miller Act. The claim itself is not against the …
Using Summary Judgment during the Arbitration Process
2/22/18
By: Erin E. Lamb
Many attorneys assume that once a case is in private arbitration, dispositive motions are against the rules and are no longer a useful tool to resolve cases. How could an arbitrator have the power to consider …
Engagement Letters for Professional Services – A Valuable Tool That May Come with a Price
1/11/13
By: Seth Kirby
In 2009, the Georgia Court of Appeals confirmed with resounding clarity that all professional malpractice claims sounding in contract were governed by a four-year statute of limitations. All was right with the world. Professionals and their insurers …