A client's failure to appeal in an underlying action bars a legal malpractice suit only where it is determined that the client was likely to have prevailed in the appeal, the state Court of Appeals had decided.
Two investment funds have sued 20-attorney Gilbride, Tusa, Last & Spellane for malpractice, claiming the firm failed to perfect the funds' security interest in life insurance policies, leading to more than $84 million in damages.
Brooklyn prosecutors are accusing Kenneth Gellerman of Bellmore of stealing more than $100,000 from clients he represented in personal injury cases, failing to pay them some or all of their settlement money.
The Editorial Board
The Legal Intelligencer
We applaud the Pennsylvania Supreme Court for taking swift, but measured, action with regard to Justice Seamus P. McCaffery—suspension with pay, and a direction to the Judicial Conduct Board to accelerate its investigation. We are sympathetic to the due process concerns raised by Justice Debra Todd in her dissent to the Supreme Court's action, but we are of the view that the due process rights of an individual justice must be balanced against, and ultimately give way to, the greater interests of the public in a judiciary that is free from taint, and the interest of the institution of the Supreme Court, which must now work diligently to restore its reputation for integrity and professionalism. That reputation—the most valuable capital of any high court—is in serious need of repair.
The attorney who received a stricter-than-recommended penalty from the state Supreme Court for abandoning and failing to repay two clients expressed disappointment Monday afternoon at his three-year suspension.
The state Judicial Qualifications Commission is taking on new leadership as chairman Robert Ingram departs when his second term at the judicial watchdog agency ends Nov. 1, and vice chairman Lester Tate steps into his role as chairman.