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 ...
KS: Written Retainer Constitutes Conclusive Proof of Attorney's Fees
Levy & Craig v. D.S. Sifers Corp., 147 P.3d 163, Kan. App. Div., Dec. 8, 2006 Facts: Defendants brought suit against their former clients for unpaid legal fees. Defendants served ...
IL: "But For" Refers to the Merit of the Underlying Case, Not the Speculation of Settlement
Beatty v. Wood, 204 F. 3d 713 (7th Cir. 2000) Underlying claim: Age discrimination case Student Contributor: Clem Durham Facts: Plaintiff, Robert Beatty, was employed with the FAA, Department of ...
N.H. Times Up–Statute of Limitations
Draper v. Brennan, 142 N.H. 780 (1998) N.H.: Underlying Employment Litigation Student Contributor: Jason W. Hake Facts: A former client commenced a legal malpractice action against the law firm that ...
MI:Emotional Distress In Legal Malpractice Claim Usually Not Allowed, But then again…
Lickteig v Alderson, Ondov, Leonard, & Sween, P.A. 556 N.W.2d 557 MI: Underlying damages for emotional distress in a claim for legal malpractice Student Contributor: Meghan Jean Facts: Attorneys were ...
LA: Client Misconduct Trumps Lawyer Malpractice
Hutchinson v. Westport Insurance Corporation, 886 So.2d 438 (La. 2004) LA: Underlying Personal Injury Action Student Contributor: Laura Stein Facts: Plaintiffs filed legal malpractice action against defendant law firm and ...
NY: No Retainer, No Fees?
Cruciata v. Mainiero, Supreme Court, New York County, January 14, 2011. Facts: Plaintiff contended that she did not owe Defendant attorney, her former counsel, the legal fees he collected from ...
CA: "Anti-SLAPP" Statute No Defense in Legal Malpractice Actions
Masten v. MIller, King & James, LLP, California Court of Appeals, Fourth District, January 21, 2011 Facts: Plaintiff sued Defendant attorneys for malpractice in connection with an underlying medical malpractice ...
MI: Limits of the Attorney Judgment Rule
Bush v. Goren, Michigan Court of Appeals, February 1, 2011. Facts: In 2005, Plaintiffs consulted the defendant attorneys with respect to a medical malpractice claim related to a cardiac surgery ...
TX: Collectibility, An Essential Element of Legal Malpractice Actions
Webb v. Brad Stockford, Texas Court of Appeals, January 10, 2011. Facts: Plaintiffs filed an action for malpractice against the Defendant attorney for allegedly mishandling their suit against a seller ...