Category: Legal Malpractice

Ethics / Legal Malpractice

Dealing with the Problem Client

We’ve all been there. Inevitably, every professional encounters a client whose demeanor or attitude make the representation difficult. As a result, the professional may be tempted to ignore the situation and limit contact with these clients.  But, that would be a mistake.  Pursuant to a recent ethics ruling in Matter of Azar, DRB 13-041, the New Jersey Disciplinary Review Board determined that providing the cold shoulder to problem clients warranted disciplinary action.

In Azar, the Board evaluated three ethics grievances against an attorney.  In …

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Accountants / Legal Malpractice

Responding to Legal Audit Letters = Risk Management Headache

As many of you probably know, auditing standards require that an auditor confer with the attorneys for the audited entity about certain types of loss contingencies, such as pending litigation and unasserted claims.  During this process, the audited entity/client asks that its attorneys respond to the “legal audit letter.”  Some attorneys may view this procedure as cumbersome and perhaps even annoying, but it is a required element of the auditing process and must be taken seriously. This is especially so because the attorney’s response …

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Legal Malpractice / Risk Management

Unringing the Bell: Clawback Provisions and Inadvertent Document Production

Technological advancements have prompted an explosion in electronically stored information (ESI).  A single laptop computer is capable of holding more than 2,000 banker’s boxes of paper, and a smart phone with 16 GB of memory can hold roughly the equivalent of 1,000,000 printed pages.  Given the potential value of this data, litigants are routinely requesting ESI during discovery.  At the same time, lawyers responding to these requests are faced with the Herculean task of sorting through mountains of evidence to remove privileged or confidential documents.  …

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Legal Malpractice

Emotional Distress Damages in Professional Malpractice Matters

Many aspects of litigation involve high levels of emotion when reputations, resources, pride, and goals are on the line.  Nonetheless, it is highly unusual for an attorney to be subject to mental distress damages arising from a legal malpractice claim. Recoverable damages are usually limited to compensatory losses.  However, a recent decision from Iowa’s highest court suggests that the tide may be turning.

In last week’s decision by the Iowa Supreme Court, an attorney’s former clients were permitted to collect emotional distress damages arising …

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Ethics / Legal Malpractice

NY Attorney’s Attempt to Recover Legal Fees Backfires

Let it be said: we don’t work for free.  The business of law, like any profession, is based on a simple formula: quality work + results = payment.  Sometimes obtaining payment can be the most difficult piece of the equation.  When a fee dispute does arise, an attorney may be required to strike a balance between demanding full compensation and maintaining a productive and ongoing relationship with the client. 

We’ve previously warned of the risks of engaging in collection proceedings against former clients.  However, that …

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Legal Malpractice

Wanna be Starting Something? Michael Jackson’s Publicist files Legal Mal. Suit

Despite his untimely death, Michael Jackson continues to generate considerable media attention, tabloid fodder, and litigation.  Most recently, Jackson’s former publicist, Raymone K. Bain, filed a malpractice suit to recover from her former attorneys.  In Bain v. Gary Williams Parenti Watson & Gary PL et al., the King of Pop’s publicist alleges that her attorneys were negligent in a breach of contract suit she filed against Jackson in 2009.  According to the suit, Bain could not recover considerable royalties from Jackson associated with …

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Legal Malpractice

Attorneys on the Move Leads to More Malpractice Claims

Legal malpractice claims are on the rise…again.  According to a recent study, lateral transitions by attorneys may be to blame.  Professionally Liability Matters previously discussed an uptick in malpractice claims, particularly those stemming from attorneys handling real estate matters.  However, a new survey released last week by Ames & Gough demonstrated an overall increase in legal malpractice claims and suggested that swapping firms is a main culprit.

Reportedly, the majority of major insurers surveyed reported an increase in malpractice claims in 2012.  Most stated that …

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Legal Malpractice

Breach of Contract or Negligence: Does it Really Matter?

The Pennsylvania Supreme Court is set to entertain argument on an important appellate issue regarding the types of damages available to a plaintiff in a legal malpractice dispute.  The decision may also highlight the fundamental differences, if any, between a malpractice suit grounded in tort or contract. In 2006, a national law firm agreed to represent the plaintiffs in the sale of a company that had incurred over $2 million in unpaid taxes.  According to the plaintiffs, the law firm advised them that the …

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Legal Malpractice / Risk Management

Collection Proceedings against Clients Often = Malpractice

Ever hear the cruel joke about a thankless client who achieves a wonderful settlement through her attorney’s legal prowess only to terminate the lawyer before the settlement ink is dry? Well, for some unfortunate attorneys it’s a reality. Attorneys in this pickle face the unenviable decision of whether to initiate a collection action against the former client to collect on unpaid legal bills or to sue under a quantum meruit theory. Reportedly, however, fee disputes are at the heart of a significant percentage of …

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Legal Malpractice

OJ Simpson’s Bid for Freedom: It’s My Lawyer’s Fault

OJ Simpson’s fall from fame is well documented. The disgraced football running back’s latest legal woes stem from an altercation in a hotel room in which the Juice was allegedly joined by armed men. That story ended with his incarceration. Now, OJ is back in a Las Vegas courtroom with a new team of attorneys and a novel argument: Simpson’s former attorney is to blame for the 2008 conviction.  In the latest chapter in OJ’s lengthy legal history, the “Juice” claims that poor legal …

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