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Legal Malpractice

Jul 17, 2015

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 […]

Apr 2, 2015

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. […]

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 20, 2015

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 [[...]

Nov 19, 2014

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 […]

Nov 11, 2014

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.

Nov 3, 2014

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 […]

Aug 26, 2014

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.

Aug 5, 2014

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 [...]

Mar 26, 2014

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. […]

Mar 21, 2014

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 […]

Dec 10, 2012

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[...]

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