Attorneys, Beware Of The “Settle & Sue” Maneuver!
7/6/20
By: Elizabeth Lowery
Malpractice lawsuits against attorneys are often referred to as a “case within a case” because they must delve deep into the underlying lawsuit in order to determine whether an attorney’s representation fell below the standard of care, …
5/22/20
Many attorneys are wondering whether to expect an increase in legal malpractice claims when courts – and society at large – begin to reopen. Such an increase would follow the pattern seen with previous economic declines. For …
3/13/20
By: Jake Loken
The Supreme Court of Georgia recently decided in Hill, Kertscher & Wharton, LLC v. Moody, No. S18G1436, that the implied waiver of attorney-client privilege that occurs when an individual sues his former attorney also extends to …
When is Enough Enough? A Claim of Legal Malpractice in the Course of Settlement Negotiations
11/15/19
By: Jake Loken
The Georgia Court of Appeals confirmed in Smiley v. Blasingame, Burch, Garrard & Ashley, P.C., decided on October 30, 2019, that when a claim of malpractice occurs regarding settlement negotiations, an alleged breach is immaterial if a …
Law Firms Under Increased Pressure, Increased Costs for Malpractice Claims
10/31/19
By: Gregory L. Blueford
Per a survey conducted by insurance broker Ames & Gough earlier this year, professional liability is becoming more and more expensive with big money payouts. In its 9th annual survey of top 11 professional liability …
Consent-to-Settle Clauses Under Review in Massachusetts
9/30/19
By: David Slocum
Earlier this month, the Massachusetts Supreme Judicial Court (the SJC), the state’s highest court, heard oral argument in a case which presents the question whether consent-to-settle clauses typical to most professional malpractice insurance policies should be deemed …
9/11/19
By: Erin Lamb
A three-judge panel of the New Jersey appellate division has ruled that a trial judge, having presided over a successful legal malpractice trial, had no jurisdiction to award fees in a dispute between a law firm and …
7/10/19
By: Ben Dunlap
The Massachusetts Appeals Court recently addressed the requirements for expert testimony in an attorney malpractice suit, concluding lack of an expert opinion on “fair settlement value” was not fatal to the plaintiff’s case.
Marston v. Orlando, …
7/9/19
By: Eric Martignetti
Today, Massachusetts’ highest court did away with an important defense for an accountant who faces a claim of accounting malpractice brought by a client who has committed fraud. In Chelsea Housing Authority v. Michael E. McLaughlin et …
Engagement Letters Can Reduce The Risk of a Legal Malpractice Claim
4/26/19
By: Greg Fayard
Lawyers often ask: what can I do to reduce the risk of a legal malpractice lawsuit? They can do several things, but a clear, narrowly-tailored engagement letter can certainly help decrease the risk of a claim. Here …
Cooperation: A Policyholder’s Duty…or Downfall?
4/12/19
By: Marc Finkel
A policyholder’s duty to cooperate with its insurer is one of the most significant commitments made in the relationship between an insurer and its insured. It goes without saying that the consequences can be dire for an …
Revisiting the Applicability of the Entire Controversy Doctrine to Legal Malpractice Claims
4/2/19
By: Nicole Graham
The New Jersey Supreme Court recently revisited the applicability of the entire controversy doctrine as it relates to legal malpractice claims. In Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C., 2019 N.J. LEXIS 272, …