The Florida Court of Appeals has ruled that a lower court dismissal of a legal malpractice action was properly dismissed, but the dismissal should have been without prejudice, permitting the plaintiffs to re-file the action. A corporation had sued its attorneys for negligence and added a consultant as an additional…
The Appellate Division of the New Jersey Superior Court recently decided that a successor-in-interest’s legal malpractice claim did not relate back to an action filed 13 years earlier by the predecessor’s chief partner. The original action arose from a 1996 property refinance. An attorney with the law firm, which had…
The District of Columbia Court of Appeals has affirmed a trial court’s ruling decision that the negligence of a law firm prevented a client from prevailing in an employment discrimination case. The client sued his former attorneys for legal malpractice when they failed to follow a judge’s order to respond…
The Texas Court of Appeals had affirmed a trial court’s grant of summary judgment for a lawyer defending a legal malpractice claim brought by a former client. The client originally hired the lawyer to represent him in a lawsuit to modify the client’s custody arrangement with his ex-wife. Prior to…
The California Court of Appeals has ruled that a client’s legal malpractice claim against their attorney may be severed and arbitrated under a clause in their fee agreement, allowing claims against a second attorney without such a clause to proceed in the district court. A couple had hired an attorney…
An appellate court in New York recently dismissed a client’s legal malpractice action against her former attorney because the attorney’s negligence did not affect the result of the underlying case. The client alleged that her former attorney failed to pursue an action against her insurance company after it mistakenly cited…
October 4, 2010 – A recent Iowa appellate court decision allowed a legal malpractice case to continue against an attorney who failed to ensure that a trust was set up for his former client’s benefit in accordance with a divorce settlement. The plaintiff in the case hired the attorney to…