In a recent consent agreement reached with the Florida Bar Association, Attorney Marshall C. Watson, was suspended for 91 days and agreed to shut down his legal practice for his role in operating a foreclosure mill. …
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Chinese Walls Are No Longer High Enough
The New Mexico Supreme Court recently entered a decision with ramifications regarding conflicts of interest in law firms. The issue: may a firm cure a clear conflict of interest by erecting a “Chinese wall.” The lesson: Chinese walls are not as strong as they used to be and some conflicts may only be cured through the disqualification of counsel, and maybe the entire law firm.
The underlying dispute in Mercer v. Reynolds, concerned the interpretation of an easement. The plaintiff alleged that it was entitled …
Continue ReadingWhen Your Client Lies: What we can learn from Lance Armstrong
Lance Armstrong’s legal team played a part in each of the racing metals, the Livestrong brand, the endorsements, the accusations, the denials and of course the many lawsuits he filed to defend his reputation. Frankly, in light of the recent confession on Oprah, Armstrong’s attorneys may be feeling a bit uncomfortable.
We now know that for years Armstrong was living a lie. Those lies filled court documents that were signed by various attorneys attesting to the truthfulness of Armstrong’s assertions. Those lies fueled settlements …
Continue ReadingLawyers Found Liable For Fabricating Asbestos Claims
A jury in West Virginia just awarded nearly $500,000 in favor of a transportation company for claims arising from an alleged conspiracy between two plaintiffs attorneys and a radiologist who fabricated asbestos claims. The issue: may an attorney be held liable for unfounded claims? The lesson: completely research the applicable law and facts before accepting an engagement to provide legal services.
CSX is a Pittsburgh rail-based transportation company that had been targeted for at least 10 asbestos claims by the same group of attorneys. Upon …
Continue ReadingContinuing Fallout – The Penn State Scandal Spawns a Legal Malpractice Lawsuit
At least one of Penn State’s former attorneys is now under fire for her role in the investigation into the Jerry Sandusky scandal. The issue: did the attorney represent the University or its administrators? The lesson: document the scope of your representation.
Gary Schultz is the retired VP for business and finance at Penn State who has been accused of failing to report Sandusky’s acts and perjuring himself during grand jury testimony. But now it is Schultz who is on the offensive and the target …
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