A California appellate court has reversed a summary judgment in favor of an attorney in a legal malpractice action. In Kachlon v. Spielfogel, a husband and wife (“lenders”) had loaned another couple (“debtors”) $53,000 in exchange for a promissory note in that amount, which was secured by a deed of…
An Ohio appellate court has reversed a summary judgment for an attorney in a legal malpractice case. In Svaldi v. Holmes, a 93 year old client visited an attorney to revise an existing power of attorney. The client was accompanied by two of his neighbors, who also managed the apartment…
The Alaska Supreme Court has reversed the dismissal of a legal malpractice action. In L.D.G., Inc. v. Robinson, a man had consumed alcohol at a bar and then shot and killed a woman later that night. The patron was convicted of first degree murder and the estate of a victim…
A New York appellate court has affirmed a summary judgment for an attorney in a legal malpractice case. In Coccia v. Liotti, a client retained an attorney to represent her in divorce proceedings. The attorney negotiated a settlement of the marital estate, which paid the client $1.6 million and provided…
A New York appellate court has reversed a summary judgment granted in favor of an attorney in a legal malpractice action. In Jack Hall Plumbing v. Duffy, a family owned business hired an attorney to advise them on how to properly terminate their chief operating officer (“COO”) in accordance with…
A North Carolina Appeals Court has reinstated a legal malpractice action dismissed in a lower court. In Babb v. Hoskins, a client had created an estate planning trust. Several years later, the client hired an attorney to amend the trust documents to appoint two of her friends to be trustees,…
A Michigan appeals court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Vandekerckhove v. Scarfone, a mother hired an attorney to act as personal representative of her deceased son’s estate. The mother entered into a fee agreement, which specified that any disputes…
The Supreme Court of Nebraska has affirmed summary judgment in favor of an attorney in a legal malpractice case on the grounds that the claim was barred by a statute of limitations. In Behrens v. Blunk, a client had operated a Ponzi scheme for over ten years, which offered promissory…
A New Mexico appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Encinias v. Whitener Law Firm, parents hired an attorney to bring an action against a school district after their son was brutally beaten on the school’s premises by two…
A New York appellate court has ruled that a legal malpractice claim was barred by the state’s statute of limitations. In Frank Pace III v. Raisman & Associates, Esqs., LLP, a client retained an attorney to make an estate plan, including the creation of a trust. The purpose was to…