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Tag Archives: Legal Malpractice

Attorneys — Tort/Negligence – Legal Malpractice – Contributory Negligence – Real Property – Subordination Agreement & Satisfaction Notice (access required)

Keyes v. Delk (Lawyers Weekly No. 14-16-1137, 20 pp.) (Douglas McCullough, J.) Appealed from Caldwell County Superior Court (James Morgan, J.) N.C. App. Unpub. Holding: Plaintiff admitted that he read the 2009 subordination agreement and the 2010 satisfaction notice presented ...

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Attorneys – Tort/Negligence – Legal Malpractice Claim – Civil Practice – Statute of Repose – Taxation (access required)

Carle v. Wyrick, Robbins, Yates & Ponton, LLP Even if plaintiffs’ cause of action did not accrue until the IRS issued a final assessment in 2010, and even though the defendant-attorneys continued to provide services to plaintiffs on related matters, since the attorneys’ role in plaintiffs’ business transaction – which resulted in their tax liability – was complete on June 10, 2005, plaintiffs’ Jan. 25, 2010 legal malpractice claim is barred by the four-year statute of repose.

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Attorneys – Tort/Negligence – Legal Malpractice – Standard of Care – Bankruptcy – Damages (access required)

Miller v. Orcutt The standard of care for a bankruptcy attorney is the same in the Western District of North Carolina as it is in the Eastern District of North Carolina; therefore, the plaintiff-clients could present the testimony of a bankruptcy attorney from the Western District to establish the standard of care in a legal malpractice case against a bankruptcy attorney in the Eastern District.

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