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 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 plea agreement on a solicitation charge, so that other charges would be dismissed.
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 perfect a security interest on behalf of the corporation.
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 trustee. However, when the current trustee resigned, the daughter of the grantor seized control of the trust and became trustee. She then retained a law firm using trust assets and followed their advice on how to manage the trust.
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 brought by the estate of a deceased inmate.
The Appellate Court of Illinois, Second District, recently affirmed the decision of a lower court, dismissing a legal malpractice action. In Davidson v. Gurewitz, a father sued an attorney, who had served as a Court appointed child representative in the father’s custody battle with the child’s mother.
The Supreme Judicial Court (“SJC”) recently suspended a Massachusetts attorney, who made intentional misrepresentations to four of his clients. In the matter of Alexander R. Cain, an attorney was found to have fabricated documents, lied to his clients, and failed to diligently pursue his client’s claims and interests.
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 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