Close

Articles Posted in Legal Malpractice Issues

Updated:

APPEALS COURT REVERSES LEGAL MALPRACTICE ACTION AND REMANDS CASE FOR TRIAL

The Massachusetts Appeals Court has reversed and remanded an Essex Superior Court legal malpractice case. The attorney represented the Plaintiff, who was injured while dismatling a Light Tower twelve miles offshore in New York harbor. The Plaintiff suffered a severe brain injury when a loading platform where he was working…

Updated:

Massachusetts Supreme Judicial Court Reinstates Legal Malpractice Claim of Vessel Owner

The Massachusetts Supreme Judicial Court has reversed a lower court ruling granting summary judgment to a law firm, saying the firm had failed to use all measures to combat an erroneous ruling by a French court. The firm, Dechart, had represented a seafood company, whose fishing boat was severely damaged,…

Updated:

Massachusetts Attorney Suspended Indefinitely for Criminal Forgery and Misconduct

A Massachusetts attorney has been suspended indefinitely as the result of two claims of misconduct, including falsifying information to the FBI and forging real estate documents.  Specifically, in April of 2006 and January of 2007, the attorney met with FBI agents and alleged that his bank had “misdirected” approximately $88,000…

Updated:

ATLANTA-BASED PRIVATE EQUITY FIRM SUES LEGAL COUNSEL, ALSTON & BIRD LLP.

MSouth Equity Partners, an Atlanta-based private equity investment firm, has sued the legal firm, Alston & Bird LLP (“A&B”), in Fulton County Superior Court in Atlanta, GA, seeking to reclaim more than $7.6 million paid in federal and state taxes.  The plaintiffs allege that lawyers from A&B gave improper legal…

Updated:

LEGAL MALPRACTICE SETTLEMENT IMPENDING IN PORTSMOUTH NEW HAMPSHIRE INHERITANCE CASE

Judicial Referee and retired Judge, Gary Cassavechia, has imposed a March 21, 2017 deadline for the beneficiaries of the late Geraldine Webber to reach a settlement in a legal malpractice suit with Webber’s former attorney, Gary Holmes.  Prior to Webber’s death, Holmes wrote a last will and trust which left…

Updated:

SOUTH CAROLINA SUPREME COURT CHANGES LAW ON DEADLINE FOR FILING LEGAL MALPRACTICE CLAIMS

The South Carolina Supreme Court adopted a new rule regarding the running of the statute of limitations in legal malpractice claims.  In Stokes-Craven Holding Corp. v. Robinson, Op. No. 27572 (S.C. Sup. Ct. May 25, 2016), Plaintiff brought a legal malpractice claim against Attorney  Scott L. Robinson, a partner at…

Updated:

Massachusetts Attorney Disbarred for Multiple Violations of the Rules of Professional Conduct

A Massachusetts attorney has been disbarred for engaging in activities which created conflicts of interest and for misusing client funds. The violations included (1) using client funds to purchase annuities from a company where the attorney was an agent and received a commission on the sale, (2) improperly cashing out…

Updated:

Admonition to Massachusetts Attorney

An attorney who poorly represented a buyer of a residential property in Massachusetts has received an admonition for his conduct. The attorney was admitted to practice in Massachusetts in 1985 and had no disciplinary history. While representing the buyer in the cash sale the attorney acted as representation for the…

Updated:

New Hampshire Supreme Court Reaffirms Position that Attorney for Testator owes no duty of Care to potential Beneficiary Under an unsigned Will

The New Hampshire Supreme Court has affirmed the decision of a lower court, dismissing a legal malpractice claim against a lawyer and her firm, who allegedly failed to secure the execution of a will, just prior the death of the testate. The case is Riso v. Dwyer, Hillsborough northern judicial…

Updated:

Admonition No. 15-23: Massachusetts Attorney Violates Ethical Rules in Representing Adverse Clients

The Massachusetts Board of Bar Overseers (“BBO”) has issued public admonition against an attorney for failing to obtain a former client’s consent before representing a new client in a substantially related matter adverse to the former client.  In Admonition No. 15-23, the attorney had been employed by the law firm…