Happy Holidays to All
Best Wishes for the Holiday Season. To celebrate, Legal Malpractice Law Review will take a breather…and we’ll try to catch our breaths from all the phenomenal success ...
FL: Lawyer Liability for Implicit Agreements
Gunster, Yoakley & Stewart, P.A. v. McAdam, 965 So.2d 182 (2007) FL: Underlying probate representation Student Contributor: Farah Shahidpour Facts: Personal representatives of Client’s brought an action against their probate ...
FL: Privity, a Continuing Relationship?
Elkind v. Bennett, 958 So.2d 1088 (2007). FL: Underlying labor dispute Student Contributor: Farah Shahidpour Facts: Client hired Attorney to represent himself, his business venture, and his business partner in ...
TX: Duty Imposed on an Attorney to a Non-Client is Limited
Kastner v. Jenkens & Gilchrist, P.C., 231 S.W.3d 571 Tex. App. 2007 TX: Underlying Commercial Real Estate Action Student Contributor: Megan Diodato Facts: The non-client, as owner of one of ...
TX: Years of Legal Practice and Judicial Experience Does Not an Expert Make
Cadle Co. v. Sweet & Brousseau, PC, (US Dist. Court, ND Texal, Dallas Div. 2006) TX: Underlying litigation Student Contributor: Megan Diodato Facts: The client brought this action against ...
TX: Verbal Fee Cap Agreement not Allowed without Ambiguity
David J. Sacks, P.C. v. Haden 266 S.W.3d 447 (TX Supreme Ct. 2008) TX: Underlying Fee Agreement Dispute Student Contributor: Megan Diodato Facts: The client hired the attorney on behalf ...
TX: If Conviction Not Overturned-No Malpractice Claim
Alvarez v. Casita Maria Inc., 269 F. Supp. 2d 834 (N.D. Tex. 2003) TX: Underlying conviction for illegal reentry into the U.S. Student Contributor: Megan Diodato Facts: The clients, illegal ...
TX: No Duty Owed to Potential Class Action Members
Gillespie v. Scherr, 987 S.W.2d 129 (Tex. App. 1998). TX: Underlying class action suit Student Contributor: Megan Diodato Facts: The case arises from a class action suit that was filed ...
IN: Court Upholds "Limited Representation" Agreement
Flatow v. Ingalls, Court of Appeals of Indiana, August 16, 2010 (Unpublished). Facts: Ingalls sued the Flatow Defendants for legal malpractice, alleging that defendants were negligent in failing to respond ...
FL: Claim for Legal Malpractice Accrues After Appellate Review
Diaz v. Maney, District Court of Appeal of Florida, Second District, August 11, 2010 (Unpublished). Facts: Diaz retained Attorney Maney’s services with regard to her acrimonious relationship with her husband, ...