Legal Updates

• Attorney: McAvoy, Terrence P.

259 matches.

• A Defense Win in Texas on the Issue of "But For" Proximate Causation in a Legal Malpractice Case
  Lawyers for the Profession®
  May 3, 2024
• Illinois Appellate Court Affirms Default Judgment Against Attorney After He Repeatedly Fabricated Expert Witness Disclosures "From Whole Cloth"
  Lawyers for the Profession®
  April 22, 2024
• Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim
  Lawyers for the Profession®
  April 1, 2024
• Colorado Appellate Court Affirms Summary Judgment on Plaintiff's Claim of Defendants' Negligence in "Inadequate Settlement" Case for Lack of "But For" Causation
  Lawyers for the Profession®
  March 25, 2024
• Deciphering Forum Non-Conveniens: Global Law Firm Headquarters’ Location Deemed a Convenient Forum
  Lawyers for the Profession®
  February 22, 2024
• Florida Bar Advisory Opinion 24-1 Gives Green Light to Generative AI Use by Lawyers – With Four Ethical Caveats
  Lawyers for the Profession®
  February 5, 2024
• Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment
  Lawyers for the Profession®
  February 2, 2024
• Continuous Representation Rule Does Not Extend the Statute of Limitations in Legal Malpractice Claims
  Lawyers for the Profession®
  January 22, 2024
• Florida Appellate Court Invalidates Arbitration Provision in Fee Agreement for Violating Florida Bar Rules
  Lawyers for the Profession®
  January 4, 2024
• Fraudulent Concealment and/or Equitable Estoppel Tolled the Statute of Repose in a Legal Malpractice Claim
  Lawyers for the Profession®
  October 23, 2023
• Illinois Appellate Court Confirms That the Statute of Limitations Commences Once the Plaintiff Has Sufficient Evidence to Know of Her Injury
  Lawyers for the Profession®
  October 11, 2023
• Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim
  Lawyers for the Profession®
  October 4, 2023
• Different Outcomes for Two Law Firms in Legal Malpractice Case Confirm That Lawyers Representing Estate Administrator Do Not Owe a Duty to Beneficiaries
  Lawyers for the Profession®
  September 12, 2023
• New York Federal Judge Declines to Reconsider Decision That Continuous Representation Doctrine Does Not Toll Statute of Limitations
  Lawyers for the Profession®
  July 10, 2023
• Continuous Representation Rule Does Not Apply to Legal Malpractice Actions Says Georgia Appeals Court
  Lawyers for the Profession®
  June 20, 2023
• Absolute Litigation Privilege Bars Claim for Intentional Infliction of Emotional Distress Even Where Conduct is Unreasonable
  Lawyers for the Profession®
  June 13, 2023
• Law Firm Exonerated Because an Unforeseen Change in a Party's Testimony was the Superseding Cause of the Claimed Malpractice Injury
  Lawyers for the Profession®
  June 6, 2023
• New York Lawyer Who Cited Non-Existent Cases Generated by ChatGPT Now Faces Sanctions Hearing
  Lawyers for the Profession®
  May 31, 2023
• Federal District Court Holds That Engagement Letter Limited Scope of Law Firm's Duties
  Lawyers for the Profession®
  April 4, 2023
• New Jersey Appellate Court Affirms Summary Judgment in Favor of Malpractice Defendants Due to Plaintiff's Failure to Establish Duty and Proximate Cause
  Lawyers for the Profession
  March 27, 2023
• Illinois Appellate Court Affirms That Attorney Representing a Closely Held Business Does Not Owe a Duty to its Managing Member
  March 1, 2023
• Appellate Court Affirms $700,000 Judgment Against Lawyer in Malpractice Action, in Part, Because Defendant Failed to File Post-Trial Motion
  Lawyers for the Profession®
  February 16, 2023
• Florida Appellate Court Reverses Summary Judgment for Attorneys Where They Could Have Remedied Prior Counsel's Mistakes and Salvaged Plaintiff's Case
  Lawyers for the Profession®
  December 20, 2022
• California Court Affirms Ethical and Statutory Obligation to Warn Opposing Counsel of Intent to Seek Default
  Lawyers for the Profession®
  October 25, 2022
• When Aggressive Tactics Cross the Line: Illinois ARDC Suspends Lawyer Accused of Sending "Abusive and Aggressive" E-Mails
  Lawyers for the Profession®
  October 7, 2022
• Illinois Supreme Court Holds Former Client Alleging Legal Malpractice May Recover Punitive Damages Awarded Against it in Underlying Case
  Lawyers for the Profession®
  September 30, 2022
• Massachusetts Court Applies Litigation Privilege to Dismiss Claims Against Attorney Accused of Fraudulent Activity During Trial
  Lawyers for the Profession®
  August 17, 2022
• Pennsylvania Allows Suit Against Attorneys for "Bad Settlements" Where Fraud/Negligence Alleged
  Lawyers for the Profession®
  August 1, 2022
• Clients Also Have Responsibilities: Plaintiffs' Lack of Diligence Defeats Fraudulent Concealment Claim and Precludes Tolling of Statute of Repose
  Lawyers for the Profession®
  June 20, 2022
• Summary Judgment Granted in Defendants' Favor As There Was No Attorney-Client Relationship Between Plaintiffs And Defendants
  Lawyers for the Profession®
  May 13, 2022
• Lawyer Unsuccessfully Attempts to Invoke Statute of Limitations Defense in Malpractice Claim Alleging He Missed Statute of Limitations on Underlying Claims
  Lawyers for the Profession®
  May 2, 2022
• California Appellate Court Denies Anti-SLAPP Motion and Sanctions Attorney for his "Tunnel Vision"
  Lawyers for the Profession®
  April 26, 2022
• Illinois Court Holds Plaintiff Failed to Show Her Attorneys Mishandled Discovery or That She Would Have Prevailed in Underlying Case
  Lawyers for the Profession
  April 12, 2022
• In Unusual Ruling, Rhode Island Supreme Court Excuses Statute of Limitations Violation Because of COVID-Related Issues
  Lawyers for the Profession
  April 5, 2022
• Third Circuit Affirms Plaintiff Must Establish He Would Have Prevailed in Underlying Case But For Attorneys' Alleged Negligence
  Lawyers for the Profession®
  March 30, 2022
• California Court: Attorney's Failure to Cite Known Adverse Authority Violated Duty of Candor To Court
  Lawyers for the Profession®
  March 11, 2022
• When Aggressive Settlement Tactics Go Too Far: California Appellate Court Holds Counsel's Threat to Reveal Opponent's Alleged Illegal Activity was Extortion
  Lawyers for the Profession®
  February 8, 2022
• Illinois Supreme Court Applies Adverse Judgment Rule, Rejects Statute of Limitations Defense in Legal Malpractice Claim
  Lawyers for the Profession®
  February 1, 2022
• Defendant's Due Process Rights Violated When Counsel's Remote Technology Prevented Meaningful Participation in Trial
  Lawyers for the Profession®
  January 24, 2022
• Illinois Appellate Court Reverses Summary Judgment for Defendants on Plaintiffs' Malpractice Claims Stemming From $2.8 Million Estate Dispute
  Lawyers for the Profession®
  October 26, 2021
• Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law
  Lawyers for the Profession®
  October 14, 2021
• Marijuana Company's Legal Malpractice Claim Goes Up in Smoke
  Lawyers for the Profession®
  October 1, 2021
• Illinois Appellate Court Affirms Summary Judgment For Defendant in Legal Malpractice Action Based on No Duty and No Causation
  Lawyers for the Profession®
  September 13, 2021
• Property Owners Allege Their Own Lawyers Helped Initiate Ruinous Downzoning, Case Dismissed Due to Statute of Limitations
  Lawyers for the Profession®
  August 26, 2021
• The California Lawyers Association Ethics Committee Provides Guidance on the Elements of Effective Ethical Screens
  Lawyers for the Profession®
  August 6, 2021
• Illinois Appellate Court Holds Legal Malpractice Claim is Barred by Statute of Repose, Rejects Plaintiff's Tolling Argument
  Lawyers for the Profession®
  July 22, 2021
• Georgia Malpractice Judgment Reversed Because Trial Court Improperly Allowed Jury to View Complaint With Dismissed Claims
  Lawyers for the Profession®
  July 16, 2021
• Constituent or Client? Inside Embattled Ex-Theranos CEO Elizabeth Holmes' Attempt to Keep Documents in Criminal Case Under Wraps
  Lawyers for the Profession®
  July 1, 2021
• Florida Supreme Court Holds Insurer May Pursue Malpractice Claims Against Defense Counsel Retained to Defend Its Insured
  Lawyers for the Profession®
  June 11, 2021
• Plaintiff's Claim Based on Threatening Statements Barred by Illinois' Absolute Litigation Privilege
  Lawyers for the Profession®
  May 13, 2021
• Florida Court Rules That Retainer Agreement Arbitration Provision is Enforceable and Severable From Agreement's Unenforceable Fee & Cost Shifting Provisions
  Lawyers for the Profession®
  April 27, 2021
• Seventh Circuit Affirms Dismissal of Legal Malpractice Action For Lack of Proximate Cause
  Lawyers for the Profession®
  April 5, 2021
• Federal District Court in Nevada Tosses China-Based Auto Dealer's Legal Malpractice Suit Against Law Firm Based on Lack of Jurisdiction
  Lawyers for the Profession®
  March 18, 2021
• Texas Federal District Court Kicks Steel Importer's $6M Malpractice Suit Due to Lack of Personal Jurisdiction
  Lawyers for the Profession®
  February 16, 2021
• Plaintiff's Legal Malpractice Action—First Filed Too Early, Then Refiled Too Late—Results in Dismissal With Prejudice
  Lawyers for the Profession®
  January 28, 2021
• Wisconsin Appellate Court Refines Actual Innocence Rule in Claims Against Criminal Defense Counsel
  Lawyers for the Profession®
  December 21, 2020
• Landscaping Co. Gets Clipped: Malpractice Action Time-Barred and Fraudulent Concealment Claim Rejected
  Lawyers for the Profession®
  December 3, 2020
• Florida Appellate Court Reduces Legal Malpractice Verdict From $5M to $250K Because Plaintiff Failed to Prove Underlying Judgment Was Collectible
  Lawyers for the Profession®
  November 19, 2020
• Plaintiff Cannot Maintain Legal Malpractice Action Absent Proof of Fraudulent Inducement to Settle
  Lawyers for the Profession®
  September 30, 2020
• Expert Testimony Sufficient to Defeat Summary Judgment Motion in Settle and Sue Case
  Lawyers for the Profession®
  September 10, 2020
• Defendants Entitled to Summary Judgment on Lack of Proximate Causation Because Plaintiffs' Expert Opinions were Conclusory
  Lawyers for the Profession®
  August 31, 2020
• Plaintiff's Successor Counsel Not Liable for Contribution Where Underlying Case Was "Irretrievably Lost" Before He Was Retained
  Lawyers for the Profession®
  August 20, 2020
• Wisconsin Supreme Court Finds No Exceptions to Actual Innocence Rule
  Lawyers for the Profession®
  August 7, 2020
• Illinois Law Firm Recovers No Attorney's Fees After Trial Court Concluded The Firm Breached Its Fiduciary Duties
  Lawyers for the Profession®
  August 4, 2020
• Judgmental Immunity or "Error in Judgment" Rule Bars Legal Malpractice Liability
  Lawyers for the Profession®
  June 5, 2020
• Continuous Representation Doctrine Does Not Toll Statute of Limitations Where Attorney Withdraws in Appellate Court
  Lawyers for the Profession®
  June 3, 2020
• Ninth Circuit Affirms Summary Judgment for Defendants Based on Plaintiffs' Failure to Present Expert Testimony
  Lawyers for the Profession®
  May 27, 2020
• Alabama Civil Appeals Court Holds Error in Judgment Rule Requires Expert Testimony to Establish Standard of Care
  Lawyers for the Profession®
  May 5, 2020
• Utah's District Court Dismisses Malpractice Action Against Florida Firm Based on Lack of Jurisdiction
  Lawyers for the Profession®
  April 22, 2020
• Plaintiffs' Breach of Fiduciary Duty Claim Against Law Firm Dismissed as Duplicative of Legal Malpractice Claim, Punitive Damages Not Recoverable
  Lawyers for the Profession®
  April 2, 2020
• Attorney Has Immunity for Destroying Evidence When Acting Within Scope of Representation
  Lawyers for the Profession®
  March 2, 2020
• Illinois Appellate Court Holds Union Appointed Lawyers Are Immune From Individual Malpractice Suits Filed By Members
  Lawyers for the Profession®
  February 24, 2020
• According to the California Court of Appeals, An Attorney's Failure to Disclose Lack of Professional Liability Insurance Renders Fee Division Agreement Unenforceable
  Lawyers for the Profession®
  February 17, 2020
• New Jersey Appellate Court Holds No Attorney-Client Relationship Between Law Firm and Managing Members of LLC in Legal Malpractice Case
  Lawyers for the Profession®
  February 4, 2020
• According to Tenth Circuit, "Continuous Representation" Doctrine Does Not Toll Legal Malpractice Statute of Limitations Under New Mexico Law
  Lawyers for the Profession®
  January 17, 2020
• Appellate Court Holds That Plaintiff Failed to Prove But For Causation, Reversing Award in Plaintiff's Legal Malpractice Action
  Lawyers for the Profession®
  December 30, 2019
• Seventh Circuit Allows Law Firm to Dodge RICO Suit Based on Alleged Fraudulent Tax Advice
  Lawyers for the Profession®
  December 9, 2019
• California Court Clears Way for Malicious Prosecution Claim Against Attorney for Cannabis Dispensary
  Lawyers for the Profession®
  November 20, 2019
• Awkward or not, Former Client Waited Too Long to Sue Attorney
  Lawyers for the Profession®
  October 29, 2019
• Lawyers Beware: California Court Applies Multi-Factor Test to Determine if LLC Attorney Inadvertently Formed an "Implied" Attorney-Client Relationship with Individual LLC Members
  Lawyers for the Profession®
  October 24, 2019
• Case Dismissed: Illinois Appellate Court Holds Legal Malpractice Claims Were Time-Barred and Corporate Adverse Domination Tolling Doctrine Did Not Apply
  Lawyers for the Profession®
  October 22, 2019
• Pro Se Lawyers Can Recover Attorneys' Fees Under Illinois Supreme Court Rule 137
  Lawyers for the Profession®
  October 16, 2019
• Judicial Error Doctrine Rejected as a Defense to Malpractice Claim Because Attorneys Failed to Appeal the Judgment in the Underlying Litigation
  Lawyers for the Profession®
  September 19, 2019
• Attorney's Discharge Before Statute of Limitations Expired Severed Any Causal Connection in Malpractice Claim
  Lawyers for the Profession®
  August 27, 2019
• Seventh Circuit Affirms: Attorney Personally Liable for Aiding and Abetting Mortgage Fraud Scheme
  Lawyers for the Profession®
  August 19, 2019
• Law Firm Katten Muchin Must Continue to Litigate Part of $69 Million Malpractice Suit
  Lawyers for the Profession®
  August 7, 2019
• California Supreme Court Holds Monster Energy Can Pursue Claim Against Attorney for Breach of Confidentiality in Settlement Agreement
  Lawyers for the Profession®
  July 24, 2019
• Minnesota Appellate Court Finds Litigation-Funding Agreement Void and Unenforceable
  Lawyers for the Profession®
  July 17, 2019
• Successor Legal Counsel Not a "Joint Tortfeasor" Under New Jersey's Joint Tortfeasors Contribution Law
  Lawyers for the Profession®
  June 24, 2019
• California Court Disqualifies Law Firm in Woolsey Fire Cases
  Lawyers for the Profession®
  June 19, 2019
• New Jersey Court Reaffirms Principle that a Plaintiff Must Establish "But For" Causation and Damages in a Malpractice Claim
  Lawyers for the Profession®
  May 28, 2019
• Federal Court in Texas Affirms Dismissal of Negligence and Breach of Fiduciary Duty Claims Against a Law Firm, But Revives Aiding and Abetting Claim
  Lawyers for the Profession®
  May 9, 2019
• New California Ethics Opinion Addresses Whether There is a Duty to Disclose Ethics Consultation to Clients
  Lawyers for the Profession®
  May 2, 2019
• Fifth Circuit Declines to Broaden Exceptions to Attorney Immunity in Stanford Ponzi Scheme Litigation
  Lawyers for the Profession®
  April 29, 2019
• Wisconsin Court of Appeals Discusses Wisconsin Supreme Court's MacLeish Decision
  Lawyers for the Profession®
  April 24, 2019
• Wisconsin Supreme Court Declines Invitation to Broaden Legal Malpractice Liability to Non-Client Will Beneficiaries
  Lawyers for the Profession®
  April 17, 2019
• Sixth Circuit Affirms that Expert Testimony is Necessary to Establish Attorney's Standard of Care and Breach
  Lawyers for the Profession®
  April 15, 2019
• Advocacy Statements Made by Attorney Cannot Later Be Used as Admissions in Legal Malpractice Action
  Lawyers for the Profession®
  April 4, 2019
• Fifty-Percent Owner of Partnership Has Standing to Seek Disqualification of Partnership Counsel to Protect Partnership Interests
  Lawyers for the Profession®
  March 28, 2019
• Description of "Client" in Outside Counsel Guidelines Prohibits Representation Adverse to Affiliates of Firm's Current Client
  Lawyers for the Profession®
  March 21, 2019
• Wisconsin Court of Appeals Holds Judge's Undisclosed Facebook Friendship with Litigant is Objectively Bias and Violates Due Process
  Lawyers for the Profession®
  March 13, 2019
• Florida Court Holds Insurer Lacks Standing to Sue Defense Counsel for Legal Malpractice
  Lawyers for the Profession®
  March 1, 2019
• Colorado Supreme Court Holds That Plaintiff Must Bear Burden of Proving Collectibility in Legal Malpractice Actions
  Lawyers for the Profession®
  February 15, 2019
• Fifth Circuit Affirms Broad Scope of Attorney Immunity Defense in Legal Malpractice Case
  Lawyers for the Profession®
  January 10, 2019
• Illinois Appellate Court Reaffirms Necessity of Proving "But For" Causation in Transactional Malpractice Claim
  Lawyers for the Profession®
  January 8, 2019
• Collateral Estoppel Slams Door on Malpractice Action Spawned by Another Malpractice Action
  Lawyers for the Profession®
  December 21, 2018
• Illinois Court Declines to Adopt "Continuous Course of Treatment Doctrine" in Accountant Malpractice Claims
  Lawyers for the Profession®
  December 19, 2018
• California District Court Applies California's New Rule of Professional Conduct to Disqualify Firm from Representation
  Lawyers for the Profession®
  October 22, 2018
• Law Firm Retained to Represent LLC Owes No Duty to Owner or Officer of LLC
  Lawyers for the Profession®
  October 2, 2018
• California Court Holds Plaintiff Must Only Prove Attorney Was "Substantial Factor" of Loss, Not "But For" Causation
  Lawyers for the Profession®
  September 20, 2018
• Financing Arrangements Between a Lawyer and Litigation Funder Contingent on Recovery of Legal Fees Violates Prohibition on Fee Sharing with Non-Lawyers in New York Rules of Professional Conduct Rule 5.4(a)
  Lawyers for the Profession®
  September 13, 2018
• Utah Supreme Court Vacates an Award of Non-Economic Damages Arising from a Legal Malpractice Action
  Lawyers for the Profession®
  August 27, 2018
• Absent "Special Circumstances," An Insurance Agent Owes No Duty to Ensure Adequate Insurance Coverage
  Lawyers for the Profession®
  August 17, 2018
• Establishing Attorney's Breach of Duty Requires Expert Witness Testimony
  Lawyers for the Profession®
  August 9, 2018
• Jury Rejects Claim that Law Firm Committed Malpractice by failing to Advise Former Client to Tender Claim to Insurer for Employment Discrimination Suit
  Lawyers for the Profession®
  July 25, 2018
• Florida Appellate Court Rules Arbitration Clause in Retainer Agreement is Unenforceable because Client was not advised to Consider Hiring Independent Counsel
  Lawyers for the Profession®
  July 9, 2018
• South Carolina Supreme Court Holds that Insurer can sue Defense Attorney Retained to Represent its Insured
  Lawyers for the Profession®
  June 6, 2018
• Lawyer's Alleged Intentional Misconduct Excluded from Professional Liability Coverage
  Lawyers for the Profession®
  June 6, 2018
• Attorney Immunity Doctrine Defeats Claim by Non-Client
  Lawyers for the Profession®
  May 3, 2018
• Litigation Funding Company Loses Effort to Recoup Proceeds from Attorney after Client Fails to Repay
  Lawyers for the Profession®
  March 23, 2018
• Legal Malpractice Case Dismissed for Lack of Personal Jurisdiction under Illinois Long Arm Statute
  Lawyers for the Profession®
  November 30, 2017
• Attorney's Expert's Affidavit on Causation Sufficiently Detailed to Withstand Summary Judgment
  Lawyers for the Profession®
  October 30, 2017
• Disqualification Not Warranted Where Attorney Was Involved in Prior Real Estate Transaction Between Two Parties That Resulted in a Legal Dispute
  Lawyers for the Profession®
  October 3, 2017
• Maine Court Holds That Expert Testimony is Required to Prove Causation in Legal Malpractice Action
  Lawyers for the Profession®
  July 20, 2017
• Seventh Circuit Affirms Dismissal of $1.5 Billion Malpractice Claim Filed by Lenders Against Borrower's Law Firm Because it Owed No Duty to Lenders
  Lawyers for the Profession®
  July 17, 2017
• Continuous Representation Rule Does Not Apply Merely Because Attorney Remains Counsel of Record
  Lawyers for the Profession®
  June 28, 2017
• Doctor's Legal Malpractice Claim Tossed Based on Her Failure to Demonstrate "But For" Causation
  Lawyers for the Profession®
  March 28, 2017
• State Court Lacks Jurisdiction Over Legal Malpractice Claim That Required Court To Resolve Federal Issues Relating To Scope, Validity Or Infringement Of Patent
  Lawyers for the Profession®
  March 16, 2017
• Seventh Circuit Affirms Dismissal of Malpractice Claim Based on Plaintiff's Failure to Plead "But For" Causation
  Lawyers for the Profession®
  January 9, 2017
• Trial Court's Error in Underlying Case Was Superseding Cause of Plaintiffs' Claimed Damages
  Lawyers for the Profession®
  September 20, 2016
• Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity
  Lawyers for the Profession®
  September 6, 2016
• Supreme Court of Nevada Holds That Legal Malpractice Claim Was Impermissibly Assigned
  Lawyers for the Profession®
  August 25, 2016
• Illinois Court Holds That $6.5 Million Malpractice Claim Barred By Statute of Repose
  Lawyers for the Profession®
  August 22, 2016
• New York Recognizes Attorney-Client Privilege Regarding Consultations with Firm's General Counsel
  Lawyers for the Profession®
  July 13, 2016
• Illinois Appellate Court Holds That Legal Malpractice Claim Was Barred by Six-Year Statute of Repose, and Collateral Estoppel Precluded Fraudulent Concealment Claim
  Lawyers for the Profession®
  July 5, 2016
• New York and North Carolina Take a Narrow Approach to Common Interest Doctrine
  Lawyers for the Profession®
  June 24, 2016
• Absent a Fee-Sharing Agreement Signed by Client, Referring Attorney Cannot Recover Fees From Receiving Attorney
  Lawyers for the Profession®
  April 20, 2016
• Texas Court Holds That Law Firm is Immune From Liability to Claims by Non-Client
  Lawyers for the Profession®
  March 22, 2016
• Communications in Anticipation of Litigation Held Subject to California's Anti-SLAPP Statute
  Lawyers for the Profession®
  February 16, 2016
• Illinois Claim for Aiding and Abetting Client's Breach of Fiduciary Duty Time-Barred
  Lawyers for the Profession® Alert
  January 11, 2016
• Oregon Supreme Court Limits Mediation Confidentiality
  Lawyers for the Profession® Alert
  December 16, 2015
• Federal Court in New York Court Finds No Implied Attorney-Client Relationship
  Lawyers for the Profession® Alert
  October 29, 2015
• Former Shareholders' Claims Fail for Lack of Standing and Absence of Damages
  Lawyers for the Profession® Alert
  October 21, 2015
• Supreme Court of California Authorizes Suit by Insurer Against Cumis Counsel
  Lawyers for the Profession® Alert
  September 15, 2015
• Kansas Draws the Line Regarding Actual Innocence and Legal Malpractice Actions
  Lawyers for the Profession® Alert
  September 10, 2015
• Illinois Legal Malpractice Action Barred By Res Judicata and Rule Against Claim-Splitting
  Lawyers for the Profession® Alert
  August 27, 2015
• Legal Malpractice Action Time-Barred By Statutes of Repose and Limitations
  Lawyers for the Profession® Alert
  August 18, 2015
• Absolute Attorneys' Litigation Privilege Bars Claims By Non-Clients
  Lawyers for the Profession® Alert
  July 22, 2015
• California Court Extends Attorney-Client Privilege to Protect Attorneys' Invoices
  Lawyers for the Profession® Alert
  June 29, 2015
• Illinois Appellate Court Affirms $6 Million Judgment, But Also Upholds Jury's Rejection of Claim for Lost Profits
  Lawyers for the Profession® Alert
  May 13, 2015
• Legal Malpractice Action Time-Barred and Fraudulent Concealment Claim Rejected
  Lawyers for the Profession® Alert
  May 7, 2015
• Virginia Supreme Court Recognizes Judgmental Immunity (or "Error-in-Judgment" Rule), But Collectability Is an Affirmative Defense of Attorney Defendant
  Lawyers for the Profession® Alert
  April 15, 2015
• Collateral Estoppel Defense to Malpractice Claim Rejected and Derivative Claims Addressed
  Lawyers for the Profession® Alert
  April 13, 2015
• Mediation Confidentiality Precludes Inferences of Malpractice
  Lawyers for the Profession® Alert
  April 1, 2015
• Failure to Challenge Victim's Credibility Sufficient to State Malpractice Claim Against Defense Counsel
  Lawyers for the Profession® Alert
  March 25, 2015
• Under Dual Representation Doctrine, Privilege Does Not Apply to Communications Related to Matters on Which Attorney Represents Both Clients
  Lawyers for the Profession® Alert
  March 23, 2015
• Misrepresentation in Renewal Application Voids Professional Liability Policy
  Lawyers for the Profession® Alert
  March 5, 2015
• Paralegal's Mistake Costs Lender (JPMorgan Chase) a $1.5 Billion Security Interest in Loan
  Lawyers for the Profession® Alert
  February 13, 2015
• Estate Held Liable for $1.2 Million Based on Failure to Timely File Estate Tax Return Due to Attorney's Brain Cancer
  Lawyers for the Profession® Alert
  January 21, 2015
• California Court Upholds In-House Counsel Privilege
  Lawyers for the Profession® Alert
  December 10, 2014
• Third-Party Intended Beneficiary of Estate Planning Document Has Standing to Bring Malpractice Claim Against Attorney for Drafting Error
  Lawyers for the Profession® Alert
  December 2, 2014
• New York Accepts Likely-To-Succeed Standard for Appeals In Underlying Cases
  Lawyers for the Profession® Alert
  November 6, 2014
• No Duty to Defend Based on Insured's Material Misstatement at Time of Renewal
  Lawyers for the Profession® Alert
  October 29, 2014
• Under Dual Representation Doctrine, Attorney-Client Privilege Generally Does Not Apply to Communications Related to Matters on Which the Attorney Represents Both Clients
  Lawyers for the Profession® Alert
  October 21, 2014
• Illinois Supreme Court Addresses Calculation of Damages in Legal Malpractice Action
  Lawyers for the Profession® Alert
  October 14, 2014
• Plaintiff's Failure to Have Expert Define the Standard of Care was Fatal to Claim
  Lawyers for the Profession® Alert
  August 20, 2014
• Insurer Ordered to Produce Communications With its Counsel Regarding Settlement of Bad Faith Claim, Which Led to Legal Malpractice Action Against Defense Counsel
  Lawyers for the Profession® Alert
  July 31, 2014
• California Court Awards Attorneys' Fees in Legal Malpractice Case Based on Rates that Exceeded the Actual Amounts Billed
  Lawyers for the Profession® Alert
  July 17, 2014
• Unfinished Business Doctrine No Longer Applicable To New York Law Firms
  Lawyers for the Profession® Alert
  July 8, 2014
• Exoneration Rule Is Alive and Well in Texas
  Lawyers for the Profession® Alert
  June 25, 2014
• Non-Client Awarded Damages for Emotional Distress
  Lawyers for the Profession® Alert
  May 20, 2014
• Exoneration Defense Not Applicable to Criminal Contempt Order in Civil Case
  Lawyers for the Profession® Alert
  May 8, 2014
• Failure to Comply With Fee-Sharing Agreement Rules Results in Loss of Fee
  Lawyers for the Profession® Alert
  April 30, 2014
• Expert Testimony Not Required For Attorney's Mishandling of Client Checks
  Lawyers for the Profession® Alert
  April 2, 2014
• Trial Court's Error Constituted an Intervening Cause of Plaintiff's Claimed Damages
  Lawyers for the Profession® Alert
  March 28, 2014
• Attorney's Death Is Not Excuse For Allowing Statute of Limitations to Expire
  Lawyers for the Profession® Alert
  March 17, 2014
• Illinois' Statute of Repose Is Not Limited to Claims Asserted By Client
  Lawyers for the Profession® Alert
  February 26, 2014
• Damages Caused by the Court's, Not the Lawyer's, Mistake
  Lawyers for the Profession® Alert
  February 20, 2014
• Ninth Circuit Provides Comprehensive Analysis of Anti-SLAPP Statute Application
  Lawyers for the Profession® Alert
  February 5, 2014
• Under Maine Law, Advice to Seek Independent Counsel Is Unnecessary When an Engagement Agreement Contains a Clear Arbitration Clause
  Lawyers for the Profession® Alert
  December 23, 2013
• Final Due Date for Filing Estate Taxes Triggered Statute of Limitations in Third-Party Complaint for Contribution
  Lawyers for the Profession® Alert
  December 12, 2013
• Negligent Attorney Not Entitled to Setoff For His Attorney's Fees
  Lawyers for the Profession® Alert
  December 4, 2013
• Washington Supreme Court Rejects Standing of Title Insurer to Sue Defense Counsel
  Lawyers for the Profession® Alert
  November 6, 2013
• Former Clients Who Are Indigent May Be Excused From Paying Arbitration Fees
  Lawyers for the Profession® Alert
  October 29, 2013
• Expert's Opinion That Settlement Was Inadequate Was Insufficient To Establish Damages
  Lawyers for the Profession® Alert
  October 23, 2013
• Attorney Owes Duty to Next of Kin in Wrongful Death Action Despite Lack of Direct Retention of Attorney
  Lawyers for the Profession® Alert
  October 10, 2013
• Insurer Owes No Coverage Due to Lawyer's Failure to Report a Potential Claim
  Lawyers for the Profession® Alert
  October 2, 2013
• Plaintiff Must Show Actual Innocence to Pursue Malpractice Claim Against His Criminal Defense Counsel
  Lawyers for the Profession® Alert
  September 25, 2013
• Two-Year Statute of Limitations Not Limited to Legal Malpractice Claims by Clients
  Lawyers for the Profession® Alert
  September 18, 2013
• Court Rejects Bona Fide Error Defense by Landlord Law Firm
  Lawyers for the Profession® Alert
  September 16, 2013
• Accrual Date for Two-Year Statute of Limitations in Legal Malpractice Action Began When Plaintiff Received Notice of Deficiency From IRS
  Lawyers for the Profession® Alert
  September 4, 2013
• Bank Entitled to Recover Counterfeit Check Amount From Attorney's Client Trust Account
  Lawyers for the Profession® Alert
  August 21, 2013
• Defendants Failed to Meet Burden to Show That Citizens Participation Act Warranted Dismissal of Plaintiff's Claim
  Lawyers for the Profession® Alert
  August 14, 2013
• Law Firm Not Entitled to Summary Judgment After Failing to Advise CEO of Unauthorized Loans by CFO
  Lawyers for the Profession® Alert
  August 7, 2013
• Plaintiff Stated a Cause of Action After Defendants’ Advice Led to Her Deportation
  Lawyers for the Profession® Alert
  July 17, 2013
• Causation Expert Required in Case-Within-a-Case
  Lawyers for the Profession® Alert
  July 10, 2013
• Breach of Attorney’s Fiduciary Duty to Client May Be Waived
  Lawyers for the Profession® Alert
  July 3, 2013
• Guilty Plea Does Not Protect Lawyer Providing Advice Before Criminal Acts
  Lawyers for the Profession® Alert
  June 12, 2013
• Alleged Fiduciary Duty Breach Duplicative of Negligence Claim
  Lawyers for the Profession® Alert
  June 5, 2013
• Legal Malpractice Policy Covered Law Firm After Falling Victim to "Phishing Scheme"
  Lawyers for the Profession® Alert
  May 29, 2013
• Bankruptcy Court Retained Jurisdiction Over Sale of Legal Malpractice Cause of Action
  Lawyers for the Profession® Alert
  May 22, 2013
• Failure to Inform Statutory Beneficiary of Conflict May Breach Lawyer's Duty
  Lawyers for the Profession® Alert
  May 15, 2013
• Attorneys Owe Duty to Next of Kin in Wrongful Death Action
  Lawyers for the Profession® Alert
  May 8, 2013
• Out-of-State Attorney Severely Criticized for Taking Unfair Advantage of Client
  Lawyers for the Profession® Alert
  May 1, 2013
• Lawyer Not Liable for Failure to Make a Better Argument to Avoid an Error by the Trial Court
  Lawyers for the Profession® Alert
  April 26, 2013
• Law Firm’s Continued Availability for Background Information Did Not Rekindle the Attorney-Client Relationship
  Lawyers for the Profession® Alert
  April 10, 2013
• Claim Seeking Recovery of Excessive Estate Taxes Did Not Survive Death of Client
  Lawyers for the Profession® Alert
  April 1, 2013
• Florida Supreme Court Limits Use of Absolute Privilege as a Defense
  Lawyers for the Profession® Alert
  March 20, 2013
• Legal Malpractice Claim Is Assignable in the Context of a Commercial Transaction
  Lawyers for the Profession® Alert
  February 27, 2013
• U.S. Supreme Court Narrows Federal Jurisdiction For Malpractice Actions Arising out of Federal Patent Issues
  Lawyers for the Profession® Alert
  February 21, 2013
• Legal Expert Cannot Opine on Merits of Underlying Medical Malpractice Case
  Lawyers for the Profession® Alert
  February 13, 2013
• Attorney Who Failed to Challenge Uncertainty in the Law Not Entitled to Dismissal
  Lawyers for the Profession® Alert
  February 6, 2013
• "Suit Within a Suit" Requires Full Jury Instructions and Lost Punitive Damages Are Not Part of Legal Malpractice Recovery
  Lawyers for the Profession® Alert
  January 30, 2013
• Illinois Allows Excess and Umbrella Insurers to Bring Equitable Subrogation Claim Against Law Firm
  Lawyers for the Profession® Alert
  January 23, 2013
• Plaintiff Failed to Establish Collectibility of Underlying Judgment
  Lawyers for the Profession® Alert
  January 9, 2013
• Excess Carrier May Sue Attorneys Retained by Primary Carrier for Equitable Subrogation, But Not Legal Malpractice
  Lawyers for the Profession® Alert
  January 2, 2013
• Plaintiffs Failed to Establish Causation and Damages in "Settle and Sue" Type of Legal Malpractice Action
  Lawyers for the Profession® Alert
  December 12, 2012
• Attorney’s Admission of Error Without Insurer’s Approval Did Not Relieve Insurer of Duty to Defend In Legal Malpractice Action
  Lawyers for the Profession® Alert
  December 5, 2012
• Attorney’s Failure to Pursue Enforcement of Judgment Was Actual Injury That Stopped Tolling of Statute of Limitations
  Lawyers for the Profession® Alert
  November 7, 2012
• Duty to Defend Triggered by Allegations of Malicious Prosecution
  Lawyers for the Profession® Alert
  October 31, 2012
• Showing of Proximate Cause Required in Transactional Legal Malpractice Claim
  Lawyers for the Profession® Alert
  October 24, 2012
• IOLTA Indemnification Provisions Trigger Attorney’s Obligation to Indemnify Bank for Underlying Litigation Expenses
  Lawyers for the Profession® Alert
  October 17, 2012
• Law Firm Owed Various Duties Stemming From Investigation Into Insider Wrongdoing
  Lawyers for the Profession® Alert
  October 3, 2012
• Court Rejects Insurer’s Arguments That Claim Was Made Prior to Policy Period and Attorney Knew of Potential Claim
  Lawyers for the Profession® Alert
  September 13, 2012
• Lack of Involvement by Co-Counsel Did Not Preclude Liability for Malicious Prosecution
  Lawyers for the Profession® Alert
  August 22, 2012
• Settlement Agreement Precluded Client From Establishing Justifiable Reliance
  Lawyers for the Profession® Alert
  August 15, 2012
• Public Policy Precludes Nonpecuniary Damages in Legal Malpractice Case Arising out of Criminal Defense
  Lawyers for the Profession® Alert
  August 8, 2012
• Judgment Against Law Firm, Which Included Punitive Damages, Affirmed
  Lawyers for the Profession® Alert
  August 1, 2012
• Supreme Court of Louisiana Upholds Use of Arbitration Clauses in Retainer Agreements
  Lawyers for the Profession® Alert
  July 25, 2012
• Pennsylvania Court Prohibits Commercial Assignments of Legal Malpractice Claims
  Lawyers for the Profession® Alert
  July 18, 2012
• Client Did Not Sustain "Actual Injury" Until Court Ruled on Trust Documents
  Lawyers for the Profession® Alert
  July 11, 2012
• Law Firm Could Compel Arbitration of Claims Despite Being Nonparties to Arbitration Agreement
  Lawyers for the Profession® Alert
  July 3, 2012
• Settlement of Underlying Case Does Not Preclude Malpractice Action
  Lawyers for the Profession® Alert
  June 7, 2012
• Federal Circuit Holds That Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Claim Arising out of Patent Prosecution
  Lawyers for the Profession® Alert
  May 31, 2012
• Failure to Demand a Jury is Too Speculative to Support Legal Malpractice Claims
  Lawyers for the Profession® Alert
  May 16, 2012
• Plaintiff Not Required to Present Expert Testimony Pertaining to Reasonableness of Attorneys’ Fees Incurred
  Lawyers for the Profession® Alert
  April 25, 2012
• Minnesota District Court Finds Jurisdiction Over Ohio Lawyer
  Lawyers for the Profession® Alert
  April 18, 2012
• Mississippi Appellate Court Upholds Standing of Excess Insurer To Sue Defense Counsel
  Lawyers for the Profession® Alert
  February 15, 2012
• In Criminal Malpractice Context, Accrual Occurs When Indictment Was Dismissed
  Lawyers for the Profession® Alert
  February 8, 2012
• Despite Supreme Court’s Critical Language, Expert Testimony in Legal Malpractice Case Required on Standard of Care
  Lawyers for the Profession® Alert
  February 1, 2012
• Federal Court Has Exclusive Jurisdiction Over Legal Malpractice Action Arising Out of Patent Infringement Claim
  Lawyers for the Profession® Alert
  January 26, 2012
• Plaintiffs’ Contributory Negligence in Failing to Read Leases Precludes Malpractice Claim
  Lawyers for the Profession® Alert
  January 5, 2012
• Louisiana Law Does Not Require an Appeal of an Adverse Judgment Before Filing Malpractice Action, But Expert Testimony Required
  Lawyers for the Profession® Alert
  December 14, 2011
• Attorney Owed No Duty to Plaintiffs as Intended Third-Party Beneficiaries
  Lawyers for the Profession® Alert
  November 30, 2011
• Plaintiff’s Malpractice Suit Placed Attorney-Client Communications With Subsequent Counsel "At Issue" and Plaintiff Thus Waived Privilege
  Lawyers for the Profession® Alert
  September 28, 2011
• Summary Judgment to Insurer Based on Breach of Notice and Cooperation Clauses
  Lawyers for the Profession® Alert
  September 21, 2011
• Illinois State Court Has Jurisdiction of Legal Malpractice Claim Arising Out of Patent Matter
  Lawyers for the Profession® Alert
  August 24, 2011
• Federal Circuit Has Exclusive Jurisdiction of Appeal of Claim Arising Out of Patent Matter
  Lawyers for the Profession® Alert
  July 28, 2011
• Legal Malpractice Claim Arising Out of Patent Matter Dismissed for Lack of Jurisdiction
  Lawyers for the Profession® Alert
  July 26, 2011
• Notice of Claim to Insurer by Claimants Is Insufficient, But Estoppel Precludes Summary Judgment
  Lawyers for the Profession® Alert
  July 14, 2011
• Illinois Six-Year Statute of Repose Commenced on Date of Injury, Not on Date of Client’s Death, and Claim Was Thus Time-Barred
  Lawyers for the Profession® Alert
  June 28, 2011
• Doctrine of In Pari Delicto Did Not Bar Trustee’s Claims
  Lawyers for the Profession® Alert
  June 23, 2011
• Doctrine of In Pari Delicto Did Not Bar Trustee’s Claims
  Lawyers for the Profession® Alert
  June 7, 2011
• Continuous Representation May Toll the Statute of Limitations in Washington
  Lawyers for the Profession® Alert
  June 2, 2011
• Negligent Misrepresentation Does Not Apply to Prospective Client’s Negligence Lawsuit
  Lawyers for the Profession® Alert
  May 26, 2011
• For Statute of Repose to Be Tolled, Attorney Must Make Affirmative Misrepresentations
  Lawyers for the Profession® Alert
  May 19, 2011
• Accounting Malpractice Claim Time-Barred By Two-Year Statute of Limitations
  Professional Lines Alert
  March 15, 2011
• Mediation Confidentiality Statutes Include All Evidence of Discussions Immediately Preceding, During and After Mediation
  Lawyers for the Profession® Alert
  March 8, 2011
• Experienced Patent Lawyer Unqualified to Testify Regarding Standard of Care and Causation
  Lawyers for the Profession® Alert
  February 15, 2011