Everyone wants to avoid disputes with clients, and a good way to do that is with an engagement letter that lays out the agreed scope of your legal services. Disagreements over the intended parameters of the representation can be ugly — and they can land you in disciplinary trouble or lead to a malpractice claim.
2014
Legal malpractice is compulsory counterclaim in fee suit, Ohio court of appeals says
By Karen Rubin on
When a lawyer sues a client for unpaid fees, the client must assert any possible claim for legal malpractice as a compulsory counterclaim, the Ohio Eighth District Court of Appeals has held. In other words: use it or lose it. The court upheld summary judgment in favor of a lawyer whose client failed to assert…
Representing clients in the marijuana industry: greener grass?
By Tom Feher on
The era of marijuana’s underground economy might be coming to an end. More than 20 states and the District of Columbia have legalized growing, processing, transporting, selling and/or using marijuana for medical purposes. Two states, Colorado and Washington, have also legalized recreational and personal use. The Department of Justice has made noises about backing off…
Screening paralegals may avoid conflict problem
By Karen Rubin on
Can a non-lawyer staff member who joins your firm bring with her a conflict of interest that may be imputed to your firm and disqualify you from representing your client? It can happen.
In this age of employment mobility, staff members may come to your firm after having worked for opposing counsel on cases (or…
“Unfinished business” doctrine falls in N.Y. — no Jewel claims
By Karen Rubin on
A new and perhaps final chapter has been written in the long-running saga of the 2008 collapse of the Thelen firm. The New York Court of Appeals has held that when lawyers exit defunct firms for greener pastures, the trustee of the old firm may not “claw back” profits earned on hourly-fee cases that…