» Legal Malpractice

Virginia Legal Malpractice:  The burden of proving non-collectibility is on negligent attorney

In Shevlin Smith v. McLaughlin, the Virginia Supreme Court considered the issues of: (1) whether an attorney breaches the duty to a client by failing to correctly anticipate a judicial ruling on an unsettled legal issue; (2) whether collectibility is relevant to a legal malpractice claim when the alleged injury is the lo…

Requirements to plead a legal malpractice action arising from a criminal matter in Virginia

In Desetti v. Chester, the Virginia Supreme Court considered the issue of whether a plaintiff sufficiently pled a claim for legal malpractice that occurred during the course of an attorney's misrepresentation of the plaintiff in a criminal matter. The plaintiff, her husband, and her son were all involved in a cri…

DC:  Legal malpractice verdict in favor of plaintiff reversed on appeal due to lack of privity

In Scott v. Burgin, No. 12-V-1474 (D.C. Aug. 14, 2014), the Court reversed a $255,000 jury award in a legal malpractice case against a divorce attorney.  The plaintiff was not a client of the defendant law firm, and consequently the Court held that the defendant's duty of care did not extend to the Plaintiff, a…

Maryland bad faith/legal malpractice action against individual defense attorneys dismissed

In Cook v. Nationwide Insurance Company, Case No. PWG-13-882 (D. Md. Aug. 23, 2013), the Court considered a “dizzying array” of motions in an insurance bad faith case arising out of an excess judgment in a motor vehicle accident case tried in Maryland state court.  The federal district court denied the p…

Lawyers Professional Liability - Unreported administrative error results in disclaimer of coverage

In Minnesota Lawyers Mut. Ins. Co. v. Baylor & Jackson, PLLC, No. 10-2701 (D. Md. Apr. 3, 2012), the District Court granted summary judgment to the insurer, holding that the insurer is not liable to defend or indemnify the defendant law firm under an LPL policy.  The Court awarded summary judgment based on the f…

4th Circuit affirms summary judgment based on business enterprise exclusion in LPL policy

In Minnesota Lawyers Mut. Ins. Co. v. Antonelli, Terry, Stout & Kraus, LLP, No. 10-2404 (4th Cir. March 29, 2012)(unpublished), the Court affirmed the District Court's award of summary judgment to the insurer, holding that the insurer does not have a duty to defend the insured law firm because the complaint fall…

Attorney malpractice claims in $100 million D.C. patent malpractice suit survive preliminary motions

In Lans v. Adduci Mastriani & Schaumberg L.L.P., No. 02-2165 (D.D.C. May 23, 2011), the District Court, in a 120-page opinion, denied the defendants’ motion to dismiss an attorney malpractice suit arising out of patent litigation. In this suit, the plaintiffs claim that the defendants’ alleged misdeeds resu…

Lawyer Professional Liability: D.C. Circuit discusses remedy following breach of fiduciary duty

In So v. Suchanek, Nos. 10-7071, 10-7087 and 10-7113 (D.C. Cir. Jan. 20, 2012), a professional liability action against an attorney, the Court considered the defendant attorney's appeal of a judgment that the attorney had to disgorge fees, with interest, totaling $455,933.52 as a result of the attorney's breach…

Legal malpractice in D.C.: the common knowledge exception to the requirement of expert opinion

In Carranza v. Fraas, No. 05-0117 (D.D.C. Oct. 31, 2011), Judge Urbina granted summary judgment on legal malpractice and breach of fiduciary duty claims, due to the plaintiffs’ lack of expert testimony supporting some of their claims, and the plaintiffs’ lack of admissible evidence to support their last remainin…

Legal malpractice decision explores roles of judge, jury, and expert in District of Columbia

In a legal malpractice case, Hickey v. Scott, No. 07-1866 (D.D.C. July 11, 2011), the District Court explored the respective roles of the judge, jury, and expert under D.C. law.  (An earlier decision in this case was previously discussed here.)  The claim discussed in this ruling was the plaintiff’s allegat…