Shopping bad apples around; client use of consumer fraud laws against lawyers rings up separate checks in two state supreme courts
Article Abstract:
The Texas and Illinois supreme courts reached different results in consumer fraud cases against attorneys for malpractice, with the Texas court allowing the suit and the Illinois court dismissing it. ase law on consumer fraud actions against lawyers is scant, with some rulings holding that matters involving an attorney's professional discretion lie beyond the reach of consumer fraud law, falling instead under the judicial authority to discipline lawyers. Other decisions do hold that consumer fraud law covers the profession's commercial aspects, such as billing.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Good news, bad news on malpractice; growth in claims has slowed, but more result in payouts to plaintiffs
Article Abstract:
A study on legal malpractice claims shows only a slight increase in frequency and severity during the 1990s and late 1980s, and in some areas even a decrease. The modest increase may be because of increased sophistication in limiting malpractice exposure. The study was performed during 1996 by the ABA Standing Committee on Lawyers' Professional Liability and the National Assn of Bar-Related Insurance Companies in the US and Canada. The study marks the first comprehsensive evaluation of legal malpractice since the ABA's landmark study in the mid-1980s.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Strange new assignments; a growing minority of courts allow transfer of legal malpractice claims
Article Abstract:
The law is pretty much settled that you cannot assign malpractice claims, but six jurisdictions have allowed this to take place, and critics call it another symptom of the breakdown of the breakdown of the person nature of the attorney-client relationship. Most courts have condemned such assignments, charging that they cheapen the law as a profession and erode faith in the judicial system.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Banks' encroachment on insurers' turf pits state lawmakers against the OCC, and may well bring in Congress and the Supreme Court
- Abstracts: Choosing the trustee of a charitable remainder trust. Delaware law offers asset protection and estate planning benefits
- Abstracts: Windows into the world of foreign branches; as law goes global, so do lawyers: veterans of service in different offices tell tales
- Abstracts: Sidley partner swaps Bulls for the Pacers. The top benefits lawyers; peers rate the trendsetters and groundbreakers
- Abstracts: Growing pains of major Web sites broadcast problems and potential. Seek and you won't find: why Web search engines are weak