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Articles Posted in Legal Ethics

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The Sixth Circuit Bankruptcy Appellate Panel Vacates Bankruptcy Judge’s Sanction Order

The Bankruptcy Panel for the Sixth Circuit Court of Appeals has ruled that a bankruptcy judge from the Western District of Tennessee abused his discretion by imposing sanctions in the form of attorney’s fees and expenses related to a debtors’ bankruptcy case and related litigation.   In the summer of…

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Hidden Treasure and Bad Faith Leads to Sanctions

Richard Thomas Robol, Esq., who aided in the recovery of treasure from a shipwreck, has been sanctioned by a District Court in Ohio for engaging in bad faith conduct during related litigation. Robol represented Recovery Limited Partnership (“Recovery”), the organization which discovered the wreck of the S.S. Central America, and…

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Indiana Court of Appeals Reverses Dismissal

The Indiana Court of Appeals has reversed the dismissal of a woman’s malpractice complaint against her attorney, finding that the trial court’s Rule 12(b)(6) Order was improper.   Elaine Chenore hired Attorney Robert Plantz in July, 2005 to pursue a claim for money damages against William Knight. Chenore was awarded…

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Skadden $35 Million Legal Malpractice Suit

Creditors of a bankrupt conglomerate have sued Skadden, Arps, Slate, Meagher & Flom in New York state court, after allegations that Skadden acted unethically in failing to disclose or obtain waivers for multiple conflicts. The plaintiffs are lenders and private equity funds owed over $90 million, who forced a company, Evergreen…

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Illinois Appeals Court Rules Attorney’s Lack of Communication Cost Client

The Court of Appeals of the Seventh Circuit of the state of Illinois has affirmed a judgment in Estate of Stanley Cora v. John C. Jahrling. Attorney John Jahrling had represented Stanley Cora in a home sale with knowledge that there was a language barrier. Cora sold his home for…

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Connecticut Grievance Committee Rejects Malpractice Settlement:

The Connecticut Attorney’s Grievance Committee has rejected a settlement based on a lawyer’s failure to document legal transactions between the law firm and their former client. The committee held a public hearing in Hartford Superior Court on February 6, 2016, regarding the dispute in which a legal guardian, Kathleen Nastri, had…

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Iowa Practice change in Legal Malpractice Claim Arising From Criminal Representation

The Iowa Supreme Court has recently made a decision permitting a criminal defendant to sue his attorney for legal malpractice, without having to prove that he was innocent of the criminal charges. The Defendant was Robert Baker, who sued his attorney after claiming the attorney advised him to enter a…

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Rolnick v. Sight’s My Line, Inc., No. 03-15-00335-CV: Texas Court of Appeals Dismisses Legal Malpractice Claim

The Texas Court of Appeals has recently dismissed a legal malpractice claim against a Florida attorney for lack of jurisdiction.  In Rolnick v. Sight’s My Line, Inc., the owner of a Florida corporation filed a legal malpractice claim against several Texas law firms, alleging that they had failed to properly…

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Kelly v. Orr, No. D067735: California Appellate Court Reverses Judgment Time-Barring Legal Malpractice Claim of Successor Trustee

The Fourth District Court of Appeals of California recently reversed a decision of the trial court dismissing a legal malpractice claim based on a lapsed one-year statute of limitations.  In Kelly v. Orr, a grantor created a trust agreement that named a successor trustee upon the resignation of the current…

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McPhillips v. Bauman, 2015 NY Slip Op 08218: Appellate Division of Supreme Court of New York Affirms Dismissal of Legal Malpractice Claim

The Appellate Division of the Supreme Court of New York recently affirmed the decision of New York’s Supreme Court, dismissing a legal malpractice claim.  In McPhillips v. Bauman, a physician employed by the Department of Corrections sued an Assistant Attorney General who was assigned to represent him in a lawsuit…