Legal Malpractice

Lawyers May Be Sued When They Are Negligent

Malpractice doesn’t just apply to doctors and dentists. It may also apply to lawyers. The term “legal malpractice” is a rather broad catch-all phrase that includes a variety of civil liability claims filed against attorneys who breached their duty to clients. There are also rare exceptions when an attorney may also be sued for breaching…

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Legal Malpractice Is Serious Business

When lawyers make mistakes, this is called legal malpractice. It’s their duty to serve their clients ethically. Lawyers owe their clients a certain level expertise, a duty, to provide ethical, professional and competent legal services. From time to time, a lawyer may breach these duties and harm a client. Actions that breach the duties owed…

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Lawyers, Need Ethics CLE? Catch My Webinar

On March 31, National Business Institutes is replaying a CLE seminar entitled Legal Ethics 101: Malpractice Prevention and Conflicts of Interest.   The speakers are Judge-elect Amy Clark Meachum and me.  If you need a couple of ethics hour before the end of the month, listen in.

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San Antonio Jury Hits Akin Gump With $72.6 Million Verdict

Last Thursday, a San Antonio jury returned a $72.6 million dollar verdict against Akin, Gump in a case where the plaintiff alleged that the patent lawyers failed to properly obtain patents on a device that the plaintiff invented. The verdict is another in the trend of larger verdicts against large law firms.  The American Bar Association publishes a…

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Corporate Lawyers – Advise The Officers And Employees Who You Represent

It’s not an uncommon fact pattern.  A corporate officer or employee will be testifying at a deposition or in a courtroom with the corporation’s lawyer present.  The officer/employee says something bad that subjects themeselves to liability.  And when things go south, the officer/employee ends up suing the corporation’s attorney for not protecting the officer/employee. In such…

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Ponzi Schemes Make For Strange Bedfellows

Lawsuits about Ponzi schemes seem to be all the rage now.  At the end of last year, mega-firm Holland & Knight formed a Madoff Advisory Group.  The head of the group stated that: Holland & Knight is already assisting a number of companies, financial institutions, charitable foundations and individuals who have been impacted by the…

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Billy Blanks Loses More Than Body Fat

In 2005, Tae Bo creator Billy Blanks won a $30 million legal malpractice verdict against Seyfarth Shaw based on allegations that the firm failed to file court papers on time in the right venue.  Earlier this week, a California appellate court found that the damage instructions were improper and sent the case back to the…

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An Example of Why Legal Malpractice Claims Are So Expensive

I often have the misfortune of having to explain to prospective clients that even though their previous attorneys had acted in a way that is almost unthinkable, I can’t help them because they weren’t hurt enough.  I have to explain that legal malpractice cases are expensive and that the damages have to be significant to justify the…

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Lawyers – Avoid the Unintended Client

Part of my standard spiel to lawyers on “how to avoid malpractice claims” is for the lawyer to take steps to avoid becoming the unintended lawyer.  Any time there are multiple potential parties who think they may rely on the attorney’s advice, the attorney needs to clarify in writing who the attorney does and does not represent. This problem can occur in…

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