Tag archive: legal malpractice

Disciplinary Boards Do Not “Like” Lawyers’ Social Media Posts Criticizing Judges

In today’s digital age, people all too often take to social media to share their opinion on a wide array of matters.  Unfortunately, in the last few years, more and more lawyers are learning the hard way that their social media posts criticizing judges can have a lasting impact on their legal careers. For instance,…

Don’t Forget That One Member of O.J.’s “Dream Team” Got Disbarred

Over 20 years after the “Trial of the Century,” Americans are again captivated regarding the rise and fall of football legend and former Naked Gun actor O.J. Simpson. The FX television network’s The People v. O.J. Simpson: American Crime Story and ESPN’s five-part documentary O.J.: Made in America has reignited interest in “The Juice.” And…

Defending a Malpractice Action in Missouri? Don’t Forget to Check the Statute of Limitations

Introduction When defending a legal malpractice action, the first item on any attorney’s checklist should be whether the plaintiff has satisfied the statute of limitations. Under Section 516.120 RSMo, the statute of limitations for claims of legal malpractice is five years. And Section 516.100 provides “that for the purposes of sections 516.100 to 516.370,” a…

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…

Solo Practitioners Beware: Failure to Follow Multiple Rules of Professional Conduct Can Equal Indefinite Suspension of Law License

Introduction In Erie-Huron Cnty. Bar Assn. v. Smith, 2016 WL 911280 (Ohio Mar. 10, 2016), the Ohio Supreme Court upheld the Board of Professional Conduct’s ruling to indefinitely suspend a solo-practicing attorney’s law license. The Supreme Court held an indefinite suspension was warranted due to the attorney’s failure to file bankruptcy petitions on behalf of…

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…

Lawyers Mixing Legal Counsel with Business Interests? Not So Fast

Introduction In Burk & Reedy, LLP v. Am. Guarantee & Liab. Ins. Co., 89 F.Supp.3d 1(D.D.C. 2015), the U.S. District Court for the District of Columbia examined a professional liability insurer’s duty to defend when the insured attorney is involved in both the legal and business aspects of a failed transaction. The case serves as…

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…

A Limit on Liability for Your Partner’s (Allegedly) Bad Behavior

Attorneys are well aware a law firm’s partner(s) can take actions that may result in liability for all partners of the firm. Limited liability partnerships (LLPs) may offer some additional protection in this area by precluding personal liability for the acts of another limited liability partner. In New Jersey, a recent case confirms that courts…

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