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Articles Posted in Legal Malpractice Issues

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Florida Appellate Court Reverses Summary Judgment for Attorney in Legal Malpractice Case

A Florida appellate court has reversed a summary judgment in favor of an attorney in a legal malpractice action. In Hodge v. Cichon the beneficiary of a will brought an action against an attorney who represented a court appointed guardian of an individual who later died. Five years before his…

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Wisconsin Appellate Court Affirms Summary Judgment for Attorney in Legal Malpractice Action

A Wisconsin appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice case. In Lawton & Cates, S.C. v. Alswager, a client sued his former attorney for negligently representing him in criminal proceedings. The client was charged with operating a vehicle while intoxicated and…

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New York Appellate Court Reverses Dismissal of Legal Malpractice Action

A New York appellate court has reversed the dismissal of a legal malpractice case. In Henneberry v. Borstein, a woman sued her attorney for negligently representing her in arbitration proceedings against a former employer. The client had lost her case in the arbitration. She then brought a legal malpractice against…

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New Jersey Appellate Court Affirms Summary Judgment In Favor of Attorney in Legal Malpractice Case

A New Jersey appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice case. In Kirby v. Chase Home Finance, a woman brought a malpractice action against an attorney who represented a bank for the refinance of a woman’s home. The settlement agent for…

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New Jersey Appellate Court Affirms Summary Judgment for Attorney in Legal Malpractice Case

A New Jersey appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Goodwin v. O’Donnell.doc, a client sued his former attorney for negligently representing him in his divorce proceedings. The attorney had recommended that the client pursue arbitration because it would…

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Georgia Court of Appeals Affirms Ruling in Favor of Client in Legal Malpractice Action

The Georgia Court of Appeals has affirmed a lower court ruling denying summary judgment to an attorney in a legal malpractice case. In Duncan v. Klein, a client sued his former attorney for improperly advising him that his employment discrimination claim had no merit. Relying on the attorney’s advice, the…

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New Jersey Appellate Court Overrules Dismissal of Legal Malpractice Case

A New Jersey appellate court has reversed an order, dismissing a legal malpractice action. In Swain v. Alterman, clients sued their former attorney for negligently representing them in a personal injury action. The attorney never filed a complaint, thereby allowing the statute of limitations to expire. The clients then sued…

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New York Appellate Court Reverses Dismissal of Legal Malpractice Case

A New York appellate court has overruled a trial court that had granted a motion to dismiss a legal malpractice claim. In Phoenix Erectors, LLC v. Fogarty, a construction contractor sued its former attorney for negligently failing to protect its claim against a surety company. A general contractor had filed…

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Court of Appeals of Georgia Rules Legal Malpractice Claims are Assignable

The Court of Appeals of Georgia has affirmed the denial of an attorney’s motion for partial summary judgment in a legal malpractice claim. In Villanueva v. First American Title Insurance Company, an insurer brought a negligence claim against an attorney who represented a client in the refinance of a mortgage.…

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California Appellate Court Affirms Dismissal of Legal Malpractice Case

A California appellate court has affirmed the dismissal of a legal malpractice action. In Kassab v. Leff, a client sued his former attorney for negligently representing him in criminal proceedings. The client was tried and convicted of numerous drug related crimes. The client then filed a notice of appeal, but…