Close

Articles Posted in Legal Malpractice Issues

Updated:

Great American E&S Insurance Co. v. Quintaros, Prieto, Wood & Boyer, P.A., No. 2009-CT-01063-SCT: Supreme Court of Mississippi Dismisses Legal Malpractice Case

The Supreme Court of Mississippi has dismissed a legal malpractice action on the basis that an attorney-client relationship did not exist between the parties. In Great American E&S Ins. Co. v. Quintairos, Prieto, Wood & Boyer, an insurance company provided underinsured coverage to a nursing home, which also had a…

Updated:

Kachlon v. Spielfogel, No. B238406: California Appellate Court Reverses Summary Judgment for Attorney in Legal Malpractice Action

A California appellate court has reversed a summary judgment in favor of an attorney in a legal malpractice action. In Kachlon v. Spielfogel, a husband and wife (“lenders”) had loaned another couple (“debtors”) $53,000 in exchange for a promissory note in that amount, which was secured by a deed of…

Updated:

Svaldi v. Holmes, 2012 Ohio 6161: Ohio Appellate Court Reverses Summary Judgment for Attorney in Legal Malpractice Action

An Ohio appellate court has reversed a summary judgment for an attorney in a legal malpractice case. In Svaldi v. Holmes, a 93 year old client visited an attorney to revise an existing power of attorney. The client was accompanied by two of his neighbors, who also managed the apartment…

Updated:

L.D.G., Inc. v. Robinson, No. S-14427, No. 6734: Alaska Supreme Court Reverses Dismissal of Legal Malpractice Action

The Alaska Supreme Court has reversed the dismissal of a legal malpractice action. In L.D.G., Inc. v. Robinson, a man had consumed alcohol at a bar and then shot and killed a woman later that night. The patron was convicted of first degree murder and the estate of a victim…

Updated:

Coccia v. Liotti, 2012 NY Slip Op 08273: New York Appellate Court Affirms Summary Judgment for Attorney in Legal Malpractice Action

A New York appellate court has affirmed a summary judgment for an attorney in a legal malpractice case. In Coccia v. Liotti, a client retained an attorney to represent her in divorce proceedings. The attorney negotiated a settlement of the marital estate, which paid the client $1.6 million and provided…

Updated:

Jack Hall Plumbing & Heating, Inc. v. Duffy, 2012 NY Slip Op 07249: New York Appellate Court Reverses Summary Judgment for Attorney in Legal Malpractice Action

A New York appellate court has reversed a summary judgment granted in favor of an attorney in a legal malpractice action. In Jack Hall Plumbing v. Duffy, a family owned business hired an attorney to advise them on how to properly terminate their chief operating officer (“COO”) in accordance with…

Updated:

Babb v. Hoskins, No. COA12-318: North Carolina Court Won’t Dismiss Legal Malpractice Case

A North Carolina Appeals Court has reinstated a legal malpractice action dismissed in a lower court. In Babb v. Hoskins, a client had created an estate planning trust. Several years later, the client hired an attorney to amend the trust documents to appoint two of her friends to be trustees,…

Updated:

Vandekerckhove v. Scarfone, No. 303130: Michigan Appeals Court Finds for Attorney in Case involving Son’s Death

A Michigan appeals court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Vandekerckhove v. Scarfone, a mother hired an attorney to act as personal representative of her deceased son’s estate. The mother entered into a fee agreement, which specified that any disputes…

Updated:

Behrens v. Blunk, 284 Neb. 454 (2012): Nebraska Supreme Court Affirms Summary Judgment for Attorney in Legal Malpractice Action

The Supreme Court of Nebraska has affirmed summary judgment in favor of an attorney in a legal malpractice case on the grounds that the claim was barred by a statute of limitations. In Behrens v. Blunk, a client had operated a Ponzi scheme for over ten years, which offered promissory…

Updated:

Encinias v. Whitener Law Firm, No. 30,106: New Mexico Appellate Court Affirms Summary Judgment for Attorney in Legal Malpractice Case

A New Mexico appellate court has affirmed a summary judgment in favor of an attorney in a legal malpractice action. In Encinias v. Whitener Law Firm, parents hired an attorney to bring an action against a school district after their son was brutally beaten on the school’s premises by two…