An Evidentiary Panel of the Grievance Committee for the State Bar of Texas has disbarred a Texas Attorney for practicing law while his license was suspended. In Commission for Lawyer Discipline v. Charles D. Septowski, an attorney was serving a three month suspension under a previous disciplinary judgment.
The Appellate Division of the Supreme Court of New York has recently affirmed the dismissal of a legal malpractice claim. In Rodriguez v Jacoby & Meyers, LLP, a client was injured in a rear-end car accident and subsequently retained a lawyer to represent him in a case against the other driver. Several years into the lawsuit, the lawyer filed a motion for summary judgment, seeking to establish liability. The motion was denied and the client then terminated the lawyer. He retained new counsel, who subsequently appealed the denial of the motion.
The Minnesota Court of Appeals affirmed the dismissal of a legal malpractice, on the basis that the clients had not provided sufficient evidence to support their claims. In Roseland v. Wentzell, a couple owned several parcels of farmland, which they had mortgaged to secure a loan from their bank. They later defaulted on their mortgage payments, and hired an attorney to represent them in bankruptcy proceedings.
The Supreme Court of Nebraska has vacated a trial court’s order granting a client’s motion for a new trial, and affirmed a jury verdict in favor an attorney. In Balames v. Ginn, a client filed a legal malpractice claim against his attorney, alleging that he had negligently failed to obtain the signatures of the client’s business partners as guarantors of a person loan the client made to the business. When the business subsequently defaulted on the loan, the client first discovered that the partners had never signed the loan agreement, and the guaranty was therefore unenforceable against them. Continue reading
The Michigan Court of Appeals reversed the dismissal of a legal malpractice action after determining that a material question of fact remained concerning when the attorney-client relationship had ended, and whether or not the malpractice claim had been brought within the applicable limitations period. In Downs v. Dib, a client hired an attorney to represent her in a medical malpractice case, stemming from the death of her daughter during childbirth. Continue reading