Legal Malpractice

Jul 27, 2026

Experts foresee legal malpractice risk for those who eschew AI

Experts say failure to use AI tools may soon breach the standard of care in legal malpractice claims in Massachusetts and beyond.

Oct 25, 2024

Steps help prevent transactional legal malpractice claims

By Steven Schwartz and Brian Sableman Transactional legal work can result in legal malpractice claims when a lawyer fails to memorialize the client’s intent in a written document, whether it […]

Jul 14, 2016

Lawyer’s alleged failure to communicate spurs malpractice suit

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 […]

Apr 21, 2016

Appeals court considers client misconduct in legal malpractice case

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 […]

Apr 5, 2016

Attorneys – Tort/Negligence – Legal Malpractice Claim – In Pari Delicto – Criminal Practice – Plea Bargain

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 […]

Feb 5, 2015

Survey says… Not much

A recent South Carolina Bar survey shows that very few attorneys are willing to say whether they have legal malpractice insurance.

Jan 21, 2015

Attorneys — Tort/Negligence – Legal Malpractice – Real Property – Powers of Attorney

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 […]

Dec 9, 2014

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

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 […]

Apr 23, 2014

Attorneys – Tort/Negligence – Legal Malpractice Claim – Case Within a Case – Fraud – Insufficient Allegations

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 […]

Oct 11, 2013

Davidson lawyer hit with $800K malpractice verdict

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.

Mar 6, 2013

Attorneys – Tort/Negligence – Legal Malpractice Claim – Civil Practice – Statute of Repose – Taxation

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 1[...]

Jun 12, 2012

Attorneys – Tort/Negligence – Legal Malpractice – Standard of Care – Bankruptcy – Damages

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 Di[...]