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Attorneys — Tort/Negligence – Legal Malpractice – Assignment of Claim – Prohibited
Skipper v. ACE Property & Casualty Insurance Co. (Lawyers Weekly No. 010-082-15, 6 pp.) (John Kittredge, J.) On certification from the U.S. District Court for South Carolina. S.C. S. Ct. Holding: The assignment of legal malpractice claims between adversaries in the litigation in which the alleged malpractice arose is prohibited. Certified question answered. Were we […]
Attorneys — Legal Malpractice – Civil Practice – Statute of Limitations – Bankruptcy – FDCPA
Vieira v. Simpson (Lawyers Weekly No. 002-057-15, 26 pp.) (David Norton, J.) 2:13-cv-02610; D.S.C. Holding: Bankruptcy debtor Ken Goss knew at the loan closing that he wasn’t getting independent legal advice when his lawyer arranged a loan from the lawyer’s wife’s company; therefore, any legal malpractice claim accrued as of the date of the closing. […]
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.
Civil Practice — Class Action – Issue Certification – Superior Methods – Tort/Negligence – Asbestosis – Workers’ Compensation – Attorneys – Legal Malpractice
Parker v. Asbestos Processing, LLC (Lawyers Weekly No. 002-008-15, 34 pp.) (Joseph Anderson Jr., J.) 0:11-cv-01800; D.S.C. Holding: Plaintiffs allege that, in signing plaintiffs up for asbestos trust litigation, the defendant-attorneys failed to advise plaintiffs to take steps to protect their potential workers’ compensation claims. Although there are some preliminary issues that are common to [[...]
Attorneys — Tort/Negligence – Legal Malpractice – Civil Practice – Personal Jurisdiction – Georgia Lawyer – Expert Affidavit – Wrong Insurance Policy – Banks & Banking
First Reliance Bank v. Romig (Lawyers Weekly No. 002-226-14, 18 pp.) (Bruce Howe Hendricks, J.) 4:14-cv-00084; D.S.C. Holding: Where a Georgia lawyer represented a South Carolina client, and where any litigation arising out of the representation would have taken place in South Carolina, the Georgia lawyer has sufficient contacts with South Carolina to allow this […]
No more immunity
The state’s Supreme Court has done away with a quirk in the law that had shielded lawyers who write wills from facing malpractice suits, putting them on even ground with their colleagues in other areas of practice.
Attorneys — Tort/Negligence – Legal Malpractice – Trusts & Estates – Will Drafting Error – Contract – Third-Party Beneficiary
Fabian v. Lindsay (Lawyers Weekly No. 010-124-14, 18 pp.) (Donald Beatty, J.) (John Kittredge, J., concurring) (Costa Pleicones, J., joined by Jean Hoefer Toal, Ch. J., concurring in part & dissenting in part) Appealed from Georgetown County Circuit Court (Benjamin Culbertson, J.) S.C. S. Ct. Holding: The court recognizes a cause of action, in both […]
McNair responds to malpractice suit
The McNair Law Firm has responded to a legal malpractice lawsuit alleging that a real estate attorney at the firm tricked five elderly sisters into losing beachfront land that had been in their family since the 1920s.
Attorneys – Malpractice Insurance – ‘Claims Made’ Policy – Prior Motion & Orders
Darwin National Assurance Co. v. Matthews & Megna LLC (Lawyers Weekly No. 002-145-14, 33 pp.) (Terry Wooten, Ch. J.) 3:13-cv-01319; D.S.C. Holding: In underlying litigation, opposing counsel moved for sanctions against the defendant-attorney and his client, a trial judge issued two orders questioning the attorney’s professionalism and credibility, and a bankruptcy court order indicated that [...]
SC Court of Appeals: Relying on bad title search doesn’t equal malpractice
An attorney cannot be held liable for malpractice as a matter of law simply because he relied on another attorney’s faulty title search, the South Carolina Court of Appeals has ruled. The appeals court overturned a circuit court’s finding that Mount Pleasant attorney Stanley Alexander was liable for malpractice and remanded the case for trial. […]
Attorneys – Tort/Negligence – Legal Malpractice – Real Property – Closing Attorney – Title Searcher – Reliance
Johnson v. Alexander (Lawyers Weekly No. 011-026-14, 6 pp.) (John Few, Ch.J.) (Daniel Pieper, J., concurring in the result) Appealed from Charleston County Circuit Court (J.C. Nicholson Jr., J.) S.C. App. Holding: Viewing the evidence in the light most favorable to the closing attorney, there is a genuine issue of material fact as to whether […]
Attorneys – Tort/Negligence – Legal Malpractice – Underlying Case – Late Appeal – Sanctions & Fees
Sartin v. McNair Law Firm, P.A. In one of the underlying lawsuits, the Fourth Circuit would have affirmed Judge Seymour’s order clarifying the basis for her previous sanctions order. Therefore, plaintiff cannot show that the defendant-law firm – which represented plaintiff in the underlying lawsuit – committed legal malpractice when it failed to timely appeal Judge Seymour’s clar[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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