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nation's largest legal malpractice insurer based on premium income,
In Dombrowski, a unanimous Court of Appeals held a client could not seek damages for loss of liberty and emotional distress in a criminal legal malpractice action against his attorney.
Shortly after, plaintiff filed a legal malpractice complaint alleging that (1) the defendant failed to use scientific evidence provided by the plaintiff in the federal case against Lucent; (2) this was legal malpractice; and (3) but for the alleged malpractice, plaintiff would have prevailed in the lawsuit against Lucent.
A lawsuit asserting legal malpractice as the cause of action may be based on a number of different theories, in part, depending on the state where the action is initiated.
Editorial includes information on: measures that can be taken to avoid exposure to liability; implementation of compliance programs; primary liability under Federal Securities law; liability under state securities law; common law liability, including legal malpractice, negligent misrepresentation, fraud, conspiracy, and aiding and abetting breach of fiduciary duty; limits of attorney/client privilege; handling whistleblower complaints; and conflicts of interest, including fee arrangements.
2004 Conference on Legal Malpractice & Risk Management Chicago March 13-14
Once a rare occurrence, the frequency of legal malpractice is on the rise, reports Minnesota Lawyers Mutual.
Legal malpractice is defined in terms of negligence, although a suit for breach of contract is recognized as an alternative action in some states.
The Los Angeles school district settled its massive legal malpractice lawsuit against O'Melveny & Myers on Tuesday, with the law firm agreeing to pay the district $3 million, but admitting no fault in its handling of the Belmont Learning Center fiasco.
Forty years on, Sam's son tries to find more evidence to prove legal malpractice.
In ruling for the firm, the appellate court noted that the "trial-within-a-trial" burden of proof traditionally has applied only to legal malpractice cases.
Not using an expert witness can open a lawyer to being sued for legal malpractice.