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Articles Posted in Issues and Insights

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Hidden Treasure and Bad Faith Leads to Sanctions

Richard Thomas Robol, Esq., who aided in the recovery of treasure from a shipwreck, has been sanctioned by a District Court in Ohio for engaging in bad faith conduct during related litigation. Robol represented Recovery Limited Partnership (“Recovery”), the organization which discovered the wreck of the S.S. Central America, and…

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Indiana Court of Appeals Reverses Dismissal

The Indiana Court of Appeals has reversed the dismissal of a woman’s malpractice complaint against her attorney, finding that the trial court’s Rule 12(b)(6) Order was improper.   Elaine Chenore hired Attorney Robert Plantz in July, 2005 to pursue a claim for money damages against William Knight. Chenore was awarded…

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Skadden $35 Million Legal Malpractice Suit

Creditors of a bankrupt conglomerate have sued Skadden, Arps, Slate, Meagher & Flom in New York state court, after allegations that Skadden acted unethically in failing to disclose or obtain waivers for multiple conflicts. The plaintiffs are lenders and private equity funds owed over $90 million, who forced a company, Evergreen…

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Illinois Appeals Court Rules Attorney’s Lack of Communication Cost Client

The Court of Appeals of the Seventh Circuit of the state of Illinois has affirmed a judgment in Estate of Stanley Cora v. John C. Jahrling. Attorney John Jahrling had represented Stanley Cora in a home sale with knowledge that there was a language barrier. Cora sold his home for…

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Is my accountant liable for referring me to a phony investment scheme?

ISSUE: I was an investor in a ponzi scheme. I lost six figure numbers when the head of the scheme was arrested and jailed and has stated that he spent all his investor’s money playing in high stakes commodities trading. I was referred to this man by my accountant. Do…

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Audette v. Poulin, No. 2015-53-Appeal: Supreme Court of Rhode Island Affirms Dismissal of Legal Malpractice Action

The Supreme Court of Rhode Island recently upheld the dismissal of a legal malpractice claim.  In Audette v. Poulin, the beneficiary of a trust sued an attorney, who represented the trustee in a dispute between the beneficiary and the trustee.  The terms of the trust permitted the beneficiary to live…

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Issue: My lawyer told me he would not represent me in my car accident case unless I paid for all of the expenses, which he said he would pay up front and deduct from the settlement. Can he do this?

Insight: The short answer is yes.  As a party to a lawsuit, you are responsible for paying the costs of litigation.  These expenses include court filing fees, medical record copying costs, deposition transcript fees, and expert witness fees. As your attorney suggested, these costs are typically advanced by lawyer.  Upon…

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Issue: I am involved in a divorce case with my wife of 5 years. We are fighting over money and custody. I am convinced that she is having an affair with her divorce attorney, who is married and quite well known. Can I do anything to exploit this situation as it regards my divorce case?

Insight: If you believe that your wife is having an affair with her lawyer you may report him to your state’s attorney disciplinary committee.  Most states have adopted some form of American Bar Association Model Rules of Professional Conduct Rule 1.7 (a) (2), which states that a lawyer should not…

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Issue: I have a district court criminal case. My lawyer on the case has been charged with ethical violations by the state lawyers review board for issues not involving my case. Does my lawyer have to tell me about the case against him, and can I fire him and get my money back because of his problems?

Insight:  Unless it would have some impact on your case, your attorney is not obligated to notify you of his pending disciplinary proceedings. You are always entitled to terminate your attorney’s services and hire another lawyer.  However, if you choose to do so, you likely will not be reimbursed for…

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Issue: What do I do if I am having trouble contacting my attorney?

Insight: Most states have adopted some form of Model Rule of Professional Conduct 1.4, which requires attorneys to keep clients reasonably informed about the status of their legal matter and make timely responses to client’s requests for information.  The rule also obligates attorneys to provide sufficient information to clients, so that…