Category archive: Malpractice

A Clean Break Nixed: Virginia’s Continuous Representation Rule Resurrects Legal Malpractice Claim Against Attorney

Attorneys who have withdrawn from representing a client, either at the client’s request or for other reasons, may experience a lingering fear of later being the subject of a legal malpractice claim In some states like Virginia, such a fear may be heightened if the “continuous representation rule” is found to apply. The recent case…

Missouri Legal Malpractice Warning: Failure to Timely Request Post-Judgment Interest Results in Forfeiture

In SKMDV Holdings, Inc. v. Green Jacobson, P.C., — S.W.3d —, No. ED102493 (Mo. App. E.D. Apr. 12, 2016), the Missouri Court of Appeals, Eastern District reversed an award of post-judgment interest because its inclusion in an amended judgment was “untimely, and therefore void.” Id. at 38. If the initial judgment does not include an…

Your Case is Pending on Appeal? If Malpractice is a Concern, Don’t Forget to Disclose

Introduction In Bar Plan Mutual Ins. Co. v. Likes Law Office, LLC, 2015 WL 6023075 (Ind. App. Oct. 15, 2015) (No. 02A03–1502–CT–65), the Indiana Court of Appeals examined an attorney’s duty to disclose a potential claim when completing a malpractice insurance renewal application—particularly when an attorney has a favorable judgment from a state’s intermediate appellate…

Insurance Company Prevails after Denying Coverage for Attorney’s Wrongful Conduct

In Gandor v. Torus Nat’l Ins. Co., 2015 WL 6043621 (D. Mass. Oct. 15, 2015), the U.S. District Court for the District of Massachusetts granted an insurer’s motion for summary judgment finding there was no professional liability coverage for two underlying claims stemming from an attorney’s alleged malpractice in handling his client’s appeal of a…

Arbitration: Not So Confidential After All?

Introduction Arbitration is a powerful tool for those involved in a professional malpractice action—an area of liability that, despite numerous state efforts, can still be resolved using alternative dispute resolution. See, e.g., Triad Health Management of Georgia, III, LLC v. Johnson, 679 S.E.2d 785, 789 (Ga. App. 2009) (statute providing that “no agreement to arbitrate…

Wyoming Court Sides with Minors in Striking Limitations on Medical Malpractice Claims

In 1976, the Wyoming legislature enacted two statutes that effectively required all persons, including minors, to bring a medical malpractice claim within two years of treatment. The statute of limitations governing medical malpractice claims by minors required suit to be brought by the minor’s eighth birthday or within two years of the alleged act, error,…

Tennessee court says defense counsel for medical entity can communicate ex parte with non-party treating physicians employed by entity, which has independent right to discuss patient treatment with its own employees

In Hall v. Crenshaw, 449 S.W.3d 463 (Tenn. App. 2014), a plaintiff filed a medical malpractice lawsuit against Johnson Clinic, among other defendants, alleging wrongful death arising out of treatment rendered to the plaintiff’s decedent. Plaintiff sought the depositions of two physicians employed by the Clinic who had treated decedent during the relevant timeframe but…

Withdraw! Withdraw! Withdraw! Redux

Attorneys can run afoul of the rules of professional conduct in a variety of ways. One of the most common ways is by ignoring a client’s matter. The Ohio Board of Commissioners on Grievances and Discipline recently sanctioned an attorney for just that. On review, the Ohio Supreme Court then upheld the majority of the…

Withdraw! Withdraw! Withdraw! The Importance of Withdrawal in Legal Malpractice Actions

This legal malpractice action arose from an underlying suit a condo association (“Loftominium”) originally filed against a developer for defects in a building’s construction. Loftominium retained John Jacoby (“Jacoby”), McDonald Hopkins LLC (“McDonald”), and Nyhan, Bambrick Kinzie & Lowry, P.C. (“Nyhan”) as counsel in its suit against the developer. Jacoby originally represented Loftominium in its…

Attorneys’ Fees in Professional Malpractice Actions: A Developing Theory?

(NOTE: The analysis and views expressed by the author are his and are not necessarily those of Sandberg Phoenix or others at the firm.) Introduction In the legal malpractice context, Missouri has long recognized that one measure of damages “is the amount the plaintiff would have received but for the attorney’s conduct.” Estate of Bonifer…

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