Chicago Legal Malpractice Lawyer Blog https://www.chicagolegalmalpracticelawyerblog.com/ Published by Chicago, Illinois Legal Malpractice Attorney — The Clinton Law Firm Thu, 14 May 2026 19:36:51 +0000 en-US hourly 1 65773379 You Need An Expert Witness To Bring a Legal Malpractice Case https://www.chicagolegalmalpracticelawyerblog.com/you-need-an-expert-witness-to-bring-a-legal-malpractice-case/ Thu, 14 May 2026 19:36:36 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1626 Courts are consistent that a legal malpractice plaintiff must have an expert witness to bring a legal malpractice claim. This is a barrier to brining malpractice claims, but it makes sense given that the jury must be informed of the standard of care. If you intend to bring a claim against your lawyer, make sure that you have considered this cost before the case begins.

Harooni v. Law Offices of David S. Lin (Cal. Ct. App., 2d Dist. 2026)

Overview

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]]> 1626 Legal Fees Incurred to Remedy Legal Malpractice Are Recoverable Damages https://www.chicagolegalmalpracticelawyerblog.com/legal-fees-incurred-to-remedy-legal-malpractice-are-recoverable-damages/ Wed, 13 May 2026 16:39:32 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1623 Merrifield v. ATS Advisors, Michigan Supreme Court (March 6, 2026)

Background

Plaintiffs Nick Merrifield and Merrifield Machinery Solutions sued ATS Advisors, James Sullivan, and Shane Randell for accounting malpractice and sought to recover attorney fees as an element of their damages. The Oakland Circuit Court dismissed that claim, and the Court of Appeals affirmed, holding that the American rule barred recovery of attorney fees as damages.

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]]> 1623 New York Court Validates Defense Malpractice Theory https://www.chicagolegalmalpracticelawyerblog.com/new-york-court-validates-defense-malpractice-theory/ Tue, 12 May 2026 23:09:36 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1620 Malpractice cases arising out of litigation matters always involve some sort of claim involving the underlying case. This is one such case where the plaintiff claimed that its lawyers negligently waived a defense it had to an underlying claim. The trial court dismissed the complaint but the Appellate Division reinstated it.  Park West is claiming that in the underlying personal injury case its lawyers should have raised the defense that Ms. Rivera was an independent contractor, not an employee. If she was an independent contractor, Park West would not have been liable for the car accident in the underlying case. (We don’t know whether or not this is true. We only know what Park West alleged in its malpractice complaint. The complaint is merely allegations and has not been proven.) Still the case is interesting. If you have a question or suspect you were a victim of malpractice, do not hesitate to call us. Ed Clinton, Jr.

Park West Executive Services, Inc. v. Gallo Vitucci & Klar, LLP

2026 NY Slip Op 00428 | App. Div., 1st Dept. | Decided January 29, 2026

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]]> 1620 Legal Malpractice Claim Arising Out of Forfeiture Claim Dismissed https://www.chicagolegalmalpracticelawyerblog.com/legal-malpractice-claim-arising-out-of-forfeiture-claim-dismissed/ Tue, 12 May 2026 20:30:06 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1618 Kuzar v. Spar & Bernstein, 2026 NY Slip OP 50173, is a decision dismissing a legal malpractice action on the ground that the complaint did not allege sufficient facts to show that, but for the lawyer’s alleged error, the plaintiff would have won the underlying case.

The plaintiff, Juraj Kuzar, sued his former lawyers, Spar & Bernstein, for:

  • Legal malpractice
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]]> 1618 Discussion of How to Avoid Malpractice Claims As a Litigator https://www.chicagolegalmalpracticelawyerblog.com/discussion-of-how-to-avoid-malpractice-claims-as-a-litigator/ Sun, 12 Apr 2026 16:24:26 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1615 This is a YouTube video of a presentation on how to avoid malpractice claims in litigation.

 

]]> 1615 Georgia Supreme Court Disbars Attorney For Multiple Violations of the Rules https://www.chicagolegalmalpracticelawyerblog.com/georgia-supreme-court-disbars-attorney-for-multiple-violations-of-the-rules/ Sat, 21 Mar 2026 01:12:49 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1613 Summary: In the Matter of Charles Bruce Singleton, Jr. (Ga. 2026)

Court: Supreme Court of Georgia Decided: March 17, 2026 Outcome: Disbarment

Background

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]]> 1613 Member of Homeowner’s Association Lacks Attorney-Client Relationship With Association’s Attorney https://www.chicagolegalmalpracticelawyerblog.com/member-of-homeowners-association-lacks-attorney-client-relationship-with-associations-attorney/ Wed, 04 Feb 2026 21:52:41 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1611 Eagle Ridge Subdivision, Inc. v. Ott & Associates Co., LPA

Leonard Slodov, a homeowner and former treasurer of Eagle Ridge Subdivision homeowners association, sued the law firm Ott & Associates for legal malpractice. Slodov had served on the association’s board for 12 years until allegedly being improperly removed in 2021. After his removal, Ott & Associates (representing the association) filed a lien and foreclosure action against Slodov for unpaid dues. Slodov then filed this malpractice suit both individually and purportedly on behalf of the association.

The opinion sets out the key facts in these two paragraphs:

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]]> 1611 New York Court Reinstates Legal Malpractice Action https://www.chicagolegalmalpracticelawyerblog.com/new-york-court-reinstates-legal-malpractice-action/ Sat, 03 Jan 2026 22:29:59 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1609 Campbell v. Law offices of Solomon Rosengarten, 241 A.D.3d 771 (2025), 238 N.Y.S.3d 679, 2025 NY Slip Op 04700, is a decision of the Appellate Division of the Supreme Court of New York reinstating a legal malpractice claim that the trial court had dismissed as time-barred. The explanation:

In 2016, Campbell executed a consent to change attorneys form and filed it in the Supreme Court, Kings County. Campbell then moved in the Supreme Court to restore the action to the active calendar, for summary judgment on the issue of liability, and for leave to file a note of issue. In an order dated November 22, 2017, the motion was denied without prejudice to refile in the Civil Court, Kings County. Campbell then moved in the Civil Court to restore the action to the active calendar and for summary judgment on the issue of liability. In an order dated December 10, 2019, the Civil Court denied the motion (hereinafter the Civil Court order).

In January 2020, Campbell commenced this action, inter alia, to recover damages for legal malpractice. The defendants moved, among other things, pursuant to CPLR 3211(a) to dismiss the cause of action alleging legal malpractice as time-barred. In an order dated May 25, 2023, the Supreme Court, inter alia, granted that branch of the motion. Campbell appeals.

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]]> 1609 Staying on the Right Track Hosted by TRT-CLE https://www.chicagolegalmalpracticelawyerblog.com/staying-on-the-right-track-hosted-by-trt-cle/ Wed, 10 Dec 2025 20:07:50 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1588 IMG_9155-225x300https://www.trtcle.com/online-cle/ny/759/ethical-guidance-for-lawyers-staying-on-the-right-track

]]> 1588 New Lawline Course on Avoiding Malpractice in Litigation https://www.chicagolegalmalpracticelawyerblog.com/new-lawline-course-on-avoiding-malpractice-in-litigation/ Wed, 10 Dec 2025 20:04:49 +0000 https://www.chicagolegalmalpracticelawyerblog.com/?p=1586 Adriatic-Sea-26-300x200https://www.lawline.com/course/avoiding-legal-malpractice-claims-in-litigation-update

If you have questions about a potential malpractice claim, fill out the form on our website with details of your case.

Ed Clinton, Jr.

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