Free Newsletter
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 sending follow-up correspondence in writing to potential clients so they don’t get the wrong idea about the relationship. The case centers on whether solo personal […]
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 advice of counsel. In an April 9 North Carolina Court of Appeals decision, a three-judge panel upheld the dismissal of William Freedman’s legal malpractice claim. […]
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 for releasing hog waste into U.S. waters was complex, plaintiff intentionally lied under oath in order to benefit from an alleged side deal with the […]
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.
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 sign a document that purported to allow her attorney-in-fact to be paid the proceeds of the sale of plaintiff’s land, plaintiff did sign two powers […]
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 the 2009 subordination agreement and the 2010 satisfaction notice presented to him by the defendant-attorney, did not understand them, but did not ask the attorney […]
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 their case within a case, i.e., that their bank had defrauded them; therefore, the clients failed to prove that the defendant-attorneys committed legal malpractice when […]
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.
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[...]
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[...]
Corporate – Merger – Civil Practice – Pleadings Amendment – Relation Back – Real Party in Interest – Intellectual Property – Patent Application – Tort/Negligence – Attorneys – Legal Malpractice
Revolutionary Concepts, Inc. v. Clements Walker PLLC Although an inventor had assigned his patent rights to a Nevada corporation, a North Carolina corporation hired the defendant-law firm to apply for the patents. The Nevada corporation filed this action to assert its rights as assignee. Subsequently, the two corporations merged, with the Nevada corporation being the surviving entity. The[...]
Attorneys – Tort/Negligence – Legal Malpractice – Civil Practice – Collateral Estoppel – Statute of Limitations
Royster v. McNamara In a prior fraud case against the current plaintiff — Kevin Royster — and other employees in a family business, the family’s motion for a new trial was denied, and this court affirmed the denial. However, in the fraud case, both the jury instructions and the new trial motion applied to the family as a group and not to Mr. Royster individually. There was evidence [...]
Top Legal News
- Hunter Biden pleads not guilty to gun charges
- Details emerge on Trump era executions
- US court in Virginia resolves NC insurance case
- Post on X leads to lawsuit against Musk
- Two more bills draw vetoes by Cooper
- Police chief who led newspaper raid resigns
- May trial date set for indicted senator
- Insurance appeal dismissed after intervening settlement
- Supreme Court opens new term today
- Judge blocks 2 provisions in NC abortion law
- Connecticut tightens laws on gun control
- Garland says he’d resign if asked to target Trump
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
