An appellate court in New York held that a criminal defendant was entitled to compensatory damages against his attorney arising from negligent representation during his criminal trial. In Dombrowski v. Bulson, the client was convicted of two felonies and a misdemeanor and sentenced to four years in prison. An appeal…
Boston Legal Malpractice Lawyer
U.S. Tenth Circuit Court of Appeals Says Legal Malpractice Action Barred by Statute of Limitations
The U.S. District Court of Appeals for the 10th Circuit has affirmed the judgment of a Kansas District Court finding that a legal malpractice case was barred by the statute of limitations. In Elder v. Herlocker, an attorney had represented a father, and allegedly his two sons, with respect to…
California Court Upholds Summary Judgment for Attorney in Legal Malpractice Claim
An appellate court in California has affirmed a motion for summary judgment granted in favor of an attorney in a legal malpractice action. In Lewellen v. Phillips, a woman alleged that her lawyer committed malpractice for inadequately representing her at a settlement conference in a property dispute. At the conference,…
Pennsylvania Appellate Court Alters Judgment for Client in Legal Malpractice Action
After reviewing an interlocutory order, a Pennsylvania appellate court has ruled in favor of a client in a legal malpractice action. In Epstein v. Saul Ewing, LLP., a client sued his former attorney for negligently handling his appeal of an adverse judgment. The underlying case involved a fee dispute between…
California Court Finds in Favor of Attorney in Legal Malpractice Case
A California appellate court has affirmed a jury verdict for an attorney in a legal malpractice claim. In Tong v Rucker a client alleged that her new attorney negligently represented her in a malpractice suit against her old lawyer. In the first case, the client had attempted to back out…
Appellate Court of Connecticut Upholds Legal Malpractice Judgment for Attorney Due to Lack of Expert
The Appellate Court of Connecticut has affirmed a trial court judgment for an attorney in a legal malpractice claim. In Law Offices of Robert K Walsh v Natarajan, the attorney had sued his former client for his fees representing her in a marital dissolution proceeding. The client had counterclaimed for…
Florida Appellate Court Rules that Venue was Improper in Legal Malpractice Case
A Florida District Court of Appeal has reversed a lower court’s denial of an attorney’s motion seeking dismissal of a legal malpractice action due to improper venue. The client, a Tennessee corporation, was a defendant in a federal court action in Orlando, Florida. The client had hired an attorney to…
Florida Appeals Court Reverses Dismissal with Prejudice in Legal Malpractice Action
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…
Successor’s Claim Does Not Relate Back Says New Jersey Appellate Court
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…
DC Court of Appeals Upholds Legal Malpractice Award
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…