A professional negligence lawsuit against a Rocky Mount attorney has been revived by a North Carolina Court of Appeals decision that reads like a cautionary tale highlighting the importance of sending follow-up correspondence in writing to potential clients so they ...
Tagged with: Legal Malpractice
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If you’re planning to file a malpractice lawsuit against your legal team, it’s probably best to ensure you haven’t broken the law yourself—even if it was allegedly done on the advice of counsel. In an April 9 North Carolina Court ...
Tagged with: Legal Malpractice
Read More »Freedman v. Payne (Lawyers Weekly No. 011-106-16, 11 pp.) (Rick Elmore, J.) Appealed from New Hanover County Superior Court (Robert Hobgood, J.) N.C. App. Holding: Even if plaintiff’s criminal prosecution for releasing hog waste into U.S. waters was complex, plaintiff ...
Tagged with: Legal Malpractice
Read More »A recent South Carolina Bar survey shows that very few attorneys are willing to say whether they have legal malpractice insurance.
Tagged with: Legal Malpractice
Read More »Williams v. Lynch (Lawyers Weekly No. 15-16-0066, 20 pp.) (Linda McGee, Ch. J.) Appealed from Mecklenburg County Superior Court (Eric Levinson, J.) N.C. App. Holding: Even though plaintiff did not sign a document that purported to allow her attorney-in-fact to ...
Tagged with: Legal Malpractice power of attorney
Read More »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 ...
Tagged with: Legal Malpractice
Read More »Bryant/Sutphin Properties, LLC v. Hale (Lawyers Weekly No. 14-16-0359, 9 pp.) (Chris Dillon, J.) (Guilford County Superior Court (Richard Doughton, J.) N.C. App. Unpub. Holding: The plaintiff-clients failed to prove their case within a case, i.e., that their bank had ...
Tagged with: Legal Malpractice
Read More »A Davidson lawyer accused of legal malpractice for bungling his representation of a company that sells Christmas ornaments has come out on the wrong side of a nearly $800,000 verdict in federal court.
Tagged with: Legal Malpractice
Read More »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.
Tagged with: Legal Malpractice
Read More »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.
Tagged with: Attorneys Bankruptcy Damages Legal Malpractice standard of care Tort/Negligence
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North Carolina Lawyers Weekly
