Can you get into trouble by giving a “preliminary opinion” about what a client’s claim might be worth? Possibly. But in Burds v. Hipes, a Georgia lawyer recently dodged a bullet when the state court of appeals held that an initial opinion about the possible value of the client’s claim was not actionable under
malpractice
Reminder: check for client’s insurance, or you may be liable for malpractice
By Karen Rubin on
Failing to check whether the claim against your client might be covered by insurance can get you in hot water — or at least keep you there, preventing a speedy exit from a malpractice suit, as a Florida lawyer recently learned.
In Pharma Supply, Inc. v. Stein (PACER access ID required), the client alleged it…
Succession planning can save lawyers’ estates from liability
By Karen Rubin on
If you feel the grim reaper approaching, you’d better inform your clients of any looming statutes of limitations — if you don’t, your estate may be liable on a legal malpractice claim. That’s the message of a case decided earlier this year by the New York court of appeals.
In Cabrera v. Collazo, the…
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…