Categories

  • To Err is Human, Denying It May Not Be So Divine
    I have often said that people often come to me not because they were harmed, but because of the way they were treated after they harmed. For example, a medical malpractice client may come because they can't get a straight answer from the doctor. Or a person injured in an...
  • Texas Debates Whether Attorneys Must Disclose Legal Malpractice Insurance Coverage
    Today, a Supreme Court of Texas task force is set to vote on a proposal that would require Texas lawyers to disclose to potential clients whether the lawyers carry legal malpractice insurance.  Earlier this week, California took another step to adopting a similar requirement. As a legal malpractice attorney, I...
  • Another Legal Malpractice Case Proceeds Against “Big Law”
    In New York, a legal malpractice lawsuit is proceeding against mega-firm Paul Hastings. In the suit, an investor hired attorneys from the firm to conduct the due diligence in a $3 million investment.  The is now suing alleging that the firm committed legal malpractice by failing to ensure that the investor...
  • Another Lawyer Missing A Deadline
    A jury handed down a verdict in a Mississippi legal malpractice case this week. The case involves the familiar fact pattern of an attorney failing to file suit prior to the expiration of the statute of limitations. But even worse, it appears the attorney didn't tell the client that the...
  • Legal Malpractice In The Criminal Context
    To win a legal malpractice claim, a plaintiff must prove that the attorney’s negligence was a proximate cause of the plaintiff’s injuries. For over 15 years, it has been the law in Texas that legal malpractice plaintiffs who have been convicted of a criminal offense cannot establish the proximate cause...
  • Closing Arguments Heat Up In Legal Malpractice Trial
    In Philadelphia, mega-law firm Duane Morris has found itself as the defendant in a legal malpractice case.  In the case, the plaintiff has alleged that Duane Morris negotiated a settlement agreement on the plaintiff's behalf, but failed to make sure that the payments were secured.  According to the plaintiff, he...
  • Recent Texas Legal Malpractice Opinions
    Texas appellate courts have released two new legal malpractice opinions in the last two months.  In December, the Dallas Court of Appeals issued an opinion in Murphy v. Gruber, 2007 Tex. App. Lexis 9707 (December 13, 2007).  The plaintiff alleged that the defendant law firm acted negligently and breached its...
  • Blackwater Files Legal Malpractice Claim
    Late last week, Blackwater Security filed a legal malpractice claim against Wiley Rain, one of the law firms defending the company in a wrongful death suit brought by four former employees. The reports on the suit make allegations that attorneys, including current White House counsel Fred Fielding, were sloppy in...
  • Legal Malpractice Occurs Everywhere
    Legal malpractice cases can arise from any number of unusual situations. A legal malpractice trial started late last week against the Philadelphia firm Morgan, Lewis & Bockius, a 1,400+ lawyer firm. In that case, the firm is being sued by former client Purolite Corp.According to the allegations in the lawsuit,...
  • A Costly Missed Deadline
    The Wall Street Journal Law Blog is reporting on a costly missed deadline. Morrison Foerster, one of the largest law firms in the country, obtained a judgment on behalf of its client, Toshiba America. The judge gave Toshiba 14 days to submit a motion for attorneys’ fees. Unfortunately for the firm,...