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…
Articles Posted in National Legal Malpractice Cases
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…
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…
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…
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…
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…
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…
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.…
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…
Supreme Court of Montana Affirms Summary Judgment for Attorney in Legal Malpractice Claim
The Supreme Court of Montana has affirmed a summary judgment for an attorney in a legal malpractice action, finding that the claim was barred by a three year statute of limitations. In Polejewski v. Lulf-Sutton, a client sued her former attorney, alleging negligent representation in her criminal proceedings. The client…