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…
A Georgia appellate court has held that the statute of limitations in a legal malpractice action was not tolled by an attorney’s alleged fraud. Marsha Doyal brought the case against her former attorney Vincent Sowerby and his law firm. The legal malpractice case stemmed from a domestic proceeding in February…
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…
The First Circuit Court of Appeals has ruled that a Plaintiff may recover damages for emotional distress in a legal malpractice action, when the conduct of a lawyer causes injuries other than economic harm. In this case, the Plaintiff alleged he was improperly committed to a mental hospital as the…
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…
This blogsite has been created by the Attorney, to educate readers about developments in the law pertaining to negligence in the practice of law, also known as legal malpractice. The blog will review and analyze cases and other related issues both in the Commonwealth of Massachusetts, the New England states…
To err is human, but attorneys are not immune from the consequences of mistakes made in the course of representation of a client. Most attorneys carry malpractice insurance for this express purpose. The attorney has represented clients who have claims against attorneys who have provided representation, but have made errors…