Avoiding Legal Malpractice Tip: Don’t Sue Your Client For Fees
6/17/19
By: Greg Fayard
Sometimes clients don’t pay their attorneys’ fees. Should the unpaid lawyer sue his or her client for owed legal fees? While the lawyer certainly has the right to file suit, a lawsuit against a client can trigger …
Avoiding Legal Malpractice Tip: Document, Document, Document
5/24/19
By: Greg Fayard
“Boy, I wish that was in writing!”
Having defended scores of attorneys over the years, more often than not, I wish my lawyer-client had either better documented his or her file, or memorialized a key conversation. It …
Is “But-For” Causation In California Legal Malpractice Cases In Jeopardy?
9/18/18
By: Gretchen Carner & Brett Safford
California attorneys sued for fraud and intentional torts, as opposed to negligent legal malpractice, may be subjected to a different causation standard after the California Court of Appeal’s recent opinion in Knutson v. Foster…
Continuing Fiduciary Relationship Does Not Always Toll the Statute of Limitations in California
3/5/18
By: Brett C. Safford
In Choi v. Sagemark Consulting, 18 Cal. App. 5th 308 (2017) (“Choi”), plaintiffs, husband and wife, filed a lawsuit in November 2010 alleging that defendants, their former financial advisors, offered negligent and fraudulent financial …
11/30/17
By: Jessica C. Samford
When dealing with a lawsuit alleging legal malpractice, one of the first lines of defense in Georgia is O.C.G.A. § 9-11-9.1, which requires that an expert affidavit be filed at the same time as the complaint. …
4/18/13
By: Dana Maine and William Ezzell
Following last month’s unanimous opinion from the Georgia Supreme Court that legal malpractice claims were not per se unassignable, the State Bar of Georgia successfully implemented a counterstrike aimed at barring the assignment of …
Stranger Danger: Georgia Joins Minority View and Allows Assignability of Legal Malpractice Claims
4/2/13
By: Dana Maine
Legal malpractice carriers be aware that you will now be on the hook for defending your insureds in actions brought by strangers to any attorney-client relationship. The Georgia Supreme Court just answered the question on the minds …
10/12/12
By: Dana Maine
Last week, the U.S. Supreme Court granted cert in a case out of the Supreme Court of Texas, Minton v. Gunn, et al., 80 USLW 353547, 81 USLW 3028 (U.S. Oct. 5, 2012) (No. 11-1118).
The …