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Legal Malpractice

Oct 12, 2012

Speedy trial, legal malpractice and agency deference get Supreme Court attention

The U.S. Supreme Court will decide whether a state’s failure to pay for counsel for an indigent defendant in a murder case should be weighed against the state in making a speedy trial analysis. Boyer v. Louisiana involves a defendant who was convicted by a jury of second-degree murder for shooting a man to death during a robbery. He was sentenced to life in prison and other consecutive senten[...]

South Carolina Supreme Court
Aug 24, 2012

SC Supreme Court: Unfair Trade Practices Act applies to lawyers

The South Carolina Supreme Court has definitively ruled for the first time that the Unfair Trade Practices Act applies to the legal profession. The unanimous court determined Aug. 15 in an otherwise unremarkable legal malpractice case, RFT Management Co. v. Tinsley & Adams, that legal services ought to be considered a trade or business that is subject to the UTPA.

Nov 3, 2011

Tort/Negligence – Attorneys – Legal Malpractice – Civil Practice – Statute of Limitations – Workers’ Compensation – Personal Injury

Kimmer v. Wright Even before plaintiff’s workers’ comp claim was decided against him, his lawyer had admitted to making the mistake of settling with the third-party tortfeasor without giving notice to plaintiff’s employer, thereby endangering plaintiff’s workers‘ comp claim. Plaintiff was not entitled to await the outcome of his workers’ comp claim before filing a legal malpra[...]

Jul 26, 2011

Criminal Practice – Forgery – Civil Practice – Evidence – Attorneys – Tort/Negligence – Legal Malpractice – Contempt – Constitutional – Double Jeopardy – Value — Sentencing 

State v. Brandt The offense of criminal contempt has an element that the offense of forgery does not have, and vice versa. Therefore, defendant’s prosecution for forgery - after his criminal contempt conviction — does not violate the constitutional prohibition against double jeopardy. We affirm defendant’s conviction of forgery but remand so that he may be sentenced for a misdeme[...]

May 27, 2011

Firm: SC lags in insurance for legal malpractice

The scenario sounds improbably bleak, but legal malpractice lawyers Ronnie Richter and Eric Bland swear it can happen to anyone whose attorney practices without the protection of malpractice insurance. They say it has happened in South Carolina, and will continue unless the state's lawyers accept full responsibility for protecting their clients:

Feb 23, 2011

Civil Practice – Criminal Contempt – Due Process – Tort/Negligence – Legal Malpractice – Fraudulent Evidence – Habeas Corpus

Brandt v. Gooding. Although a South Carolina state court upheld a criminal contempt finding against a legal-malpractice plaintiff who allegedly used a fraudulent letter in his expert's deposition, the 4th . . .

Nov 19, 2010

Attorneys – Legal Malpractice – Tort/Negligence – Breach of Fiduciary Duty – Ponzi Scheme – Receiver – In Pari Delicto

Hays v. Pearlman. (Lawyers Weekly No. 002-039-10, 15 pp.) (David C. Norton, Ch.J.) D.S.C. Holding: Even though the defendant-attorney is alleged to have been partly to blame for a Ponzi scheme perpetrated by his client, since the attorney derived no benefit from his client’s Ponzi scheme, the plaintiff-receiver’s malpractice and breach of fiduciary duty claims […]

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