At their own peril: Supreme Court says Mt. Pleasant attorney committed malpractice by relying on faulty title search
Real estate attorneys can hand someone else the work involved in performing a title search, but they can’t hand off the liability if the search turns out to be faulty, the South Carolina Supreme Court has ruled. The court decided July 29 that a Mount Pleasant attorney will be on the hook for the malpractice […]
Attorneys — Tort/Negligence – Legal Malpractice – Real Property – Title Search – Task Delegation
Johnson v. Alexander (Lawyers Weekly No. 010-089-15, 7 pp.) (Kaye Hearn, J.) Appealed from Charleston County Circuit Court (J. C. Nicholson Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: When the plaintiff-client hired the defendant-attorney to conduct a closing, defendant could delegate the task of conducting the title […]
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 – Discipline – Public Reprimand – Real Property – Title Search – Not Performed
In re Olson Where the respondent-attorney failed to perform the title search requested by his client but then represented that the title was clear (it wasn’t), respondent violated several of the Rules of Professional Conduct.
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