Lawyers USA Online » legal malpractice

Law firm could be sued outside home state

Pat Murphy — Wed, 01 May 2013 19:07:57 +0000

A Connecticut law firm could be sued in Arizona state court based on its alleged negligence in analyzing the legality of a tax shelter considered by an Arizona client, the Arizona Court of Appeals has ruled in reversing a dismissal.

The plaintiff is an Arizona resident. Before investing in a
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Benchmarks: Connecticut law firm could be sued in Arizona

Pat Murphy — Tue, 30 Apr 2013 15:14:30 +0000

A Connecticut law firm subjected itself to being sued in Arizona courts when it accepted a $50,000 fee for issuing an opinion letter supporting a tax shelter being considered by an Arizona resident.

That’s what the Arizona Court of Appeals decided last week in reversing the dismissal of a fraud
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Law firm forfeited malpractice coverage

Pat Murphy — Mon, 08 Apr 2013 16:59:24 +0000

A law firm failed to provide the notice necessary to ensure coverage of a legal malpractice claim under its professional liability policy, the 7th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.

The firm represented a potential buyer of a drugstore. The buyer and seller executed
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Legal malpractice claim may be assigned

Pat Murphy — Thu, 21 Mar 2013 19:32:19 +0000

A legal malpractice claim arising from a mortgage refinancing could be assigned pursuant to a subrogation clause in favor of the title insurer, the Georgia Supreme Court has ruled in affirming judgment.

The defendant acted as the closing attorney in a mortgage refinancing in which the lender supplied funds to
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Estate can’t sue lawyer for negligent tax planning

Pat Murphy — Wed, 13 Mar 2013 17:20:46 +0000

The administrator of a client’s estate could not maintain a legal malpractice action for alleged negligent estate planning that resulted in increased tax liability, the Kansas Supreme Court has ruled in affirming judgment.

The defendant provided estate planning services for a wealthy client. The defendant’s asset protection strategy consisted of
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Statutory beneficiary can sue for legal malpractice

Pat Murphy — Wed, 13 Mar 2013 17:13:20 +0000

A wrongful death statutory beneficiary could pursue a malpractice claim against the lawyer for the personal representative of the wrongful death estate, the New Mexico Supreme Court has ruled in reversing a summary judgment.

The plaintiff’s ex-wife was injured when her car was struck from behind. The couple’s daughter was
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LEGAL MALPRACTICE

Pat Murphy — Wed, 20 Feb 2013 20:37:28 +0000

State courts have jurisdiction to hear a legal malpractice action involving the alleged mishandling of a federal patent matter.

See “State courts can hear patent-related malpractice suit”

U.S. Supreme Court. Gunn v. Minton, No. 11-1118. Feb. 20, 2013.
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State courts can hear patent-related malpractice suit

Pat Murphy — Wed, 20 Feb 2013 20:33:31 +0000

State courts have jurisdiction to hear a legal malpractice action involving the alleged mishandling of a federal patent matter, the U.S. Supreme Court has ruled.

The decision reverses a ruling by the Texas Supreme Court. (See “Federal court must hear malpractice claim,” Lawyers
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Lawyer loses license over real estate practices

Peter Vieth — Mon, 11 Feb 2013 20:43:11 +0000

A Richmond, Va. lawyer who had a high-volume real estate practice has surrendered his law license after the state bar found long-time lapses in bookkeeping and registration as a settlement agent.

G. Dean Foster borrowed money to cover errors in his trust account that at one time totaled $176,000, according
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Attorney didn’t have duty to expedite client’s new will

Pat Murphy — Mon, 11 Feb 2013 19:08:36 +0000

An attorney had no liability for failing to have a revised will executed before his client’s death, the Washington Court of Appeals has ruled in affirming judgment.

The defendant provided estate planning services to a client who suffered from terminal
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