The longtime head of Andrews Kurth's corporate governance and securities practice is preparing to leave the firm just weeks after it settled a malpractice case seeking $50 million in damages over its representation of an affiliate of convicted Ponzi schemer R. Allen Stanford.
To guard against malpractice claims, engagement letters should identify the client, outline the scope of the representation and confirm the fee.
"After the lawyers suspected a malpractice action, they successfully removed Gloria as the administratix of Mary Ann's estate in hopes that the statute of limitations would run before a new administratrix would take her place," plaintiff Gloria Cegielski alleges in the petition.
A New Orleans law firm at the center of an investigation into misconduct surrounding the processing of payments from BP PLC's Deepwater Horizon oil spill settlement must return $357,000 paid to a client based on allegedly fraudulent claims.
Andrew Lavoott Bluestone writes that legal malpractice is commonly said to be both a tort as well as breach of a retainer agreement contract. Whether it is a "tort" or a "contract" generally is decided by the nature of the damages sought. However, a closer look at whether legal malpractice is really a tort anymore raises questions.
I am a district judge who also has a law practice. Can I still continue to serve as an executor?
The Miami-Dade County Ethics Commission finds judicial candidate Veronica Diaz funnelled business to her boyfriend's firm.
"Brown Rudnick—a well-respected law firm that presumably knows how to draft a contract—has only itself to blame for not drafting its engagement letter to provide for the damages it now seeks," Judge Jesse Furman said, holding a former client should not have to pay for the firm's costs in the malpractice action.
"He believes he was misled into believing that he had a strong case and the significant attorney fees were justifiable," said Darrell Keith of Fort Worth's Keith Law Firm, who represents the plaintiff.
A judicial hearing officer has reversed the Joint Commission on Public Ethics and held that the New York Civil Liberties Union and three other advocacy groups do not have to reveal their financial backers because doing so could put their supporters at risk.