Typical Cases & Results
An attorney was hired by a client when a blowout of a tire that had been recalled resulted in a rollover of the client’s vehicle down an embankment, causing the driver to break his back among other life changing injuries. The lawyer neglected to file an action against the tire company within the Statute Of Limitations. Our office sued the lawyer for Legal Malpractice and took the case to trial. The client was awarded a 2.3 Million dollar Judgment at trial.
A lawyer was hired by a client who had been severely injured when her vehicle was struck head on by a hit and run (uninsured) driver on a defectively designed highway. The lawyer filed a claim against the County but never filed a law suit. After settling the uninsured motorist claim for $25,000 the law firm notified the client that no more recovery was possible. The client hired our office and with the clients’ help we determined that the road had been closed to make changes in the defective design, making the case against the County air tight. We sued the law firm for Legal Malpractice based on the Statute of Limitations. In response to our representation letter the lawyer had responded that he had driven the road himself and did not believe it was unreasonably dangerous. There was no highway design expert in the passenger seat, nor was there any consent on the part of the client to just let the time to sue pass without protecting their rights. After the insurance company for the lawyer saw his response to our office they immediately tendered the entire $500,000 policy limits to our office.
An attorney was hired to represent a driver who had been injured but failed to file the case on time, blowing the Statute of Limitations. The client had been in numerous prior accidents and had an exacerbation of prior injuries, all covered by Medicare. The lawyer not only failed to file on time but never notified Medicare. When the case was settling the insurance carrier refused to pay unless Medicare was also on the check. Our office had to open a claim with Medicare just to have them agree that they had no interest in this Dead Claim. We were then able to settle and recover $35,000 for the client free and clear of any liens.
Client hired a lawyer to advise him regarding conversion of a car lease to a purchase agreement. The lawyer sued for Fraud and was to be paid on a hourly basis. After the loss at trial he sued for $80,000 in fees. The car in issue was used and worth about $25,000.00. Our office was hired to defend the Attorney Fee claim and to counter sue for return of the $5,000 in fees that had been paid. The record in the underlying Fraud case revealed that the clear language of the lease itself allowed for conversion of to a purchase if the client had paid just $1,000.00. On the third day of trial in our matter the battered plaintiff lawyer asked us to dismiss his claim. Defense victory for the client.
Clients hired an attorney to discuss Chapter 7 bankruptcy due to credit card debt. The lawyer filed the case despite the fact the clients were not good candidates for bankruptcy as they had too many assets and the creditors would have accepted much less. The Bankruptcy Trustee took the clients’ IRA account valued at $40,000.00 which the lawyer did not realize was not protected at the time. We sued the lawyer for Legal Malpractice and his insurance company paid the clients their $40,000.
Breach of Fiduciary Duty:
A magazine publisher created a website and hired a law firm to assist him on an hourly basis that added up to a few thousand dollar to do some corporate work. The law firm introduced him to a company that would carry the web content which made his company very valuable. When the owner was about to sell the company for 3.5 Million dollars in cash and stock in the larger company the law firm attempted to claim a finders fee of 10% of the 3.5 Million and threatened the owner with interference with the contract obtained through their introduction. The client relented under duress and completed the deal which had no safety net as the date for the cash payments and the stock valuations were left unclear. The law firm was engaged to enforce the sale when the purchaser failed to complete the transaction. The client hired our office and we sued for Legal Malpractice and Breach of Fiduciary Duty. The case settled while on Appeal for $425,000.
A restaurant sued their landlord for tearing down a sign. The lawyer went to trial and proved the sign belonged to the restaurant but failed to prove the value of the sign. We sued the lawyer for Legal Malpractice for this failure of proof and recovered the value of the sign, $45,000.00
Chip makers sued and were counter sued on contract issues. Their attorney failed to raise defenses and to make claims at trial resulting in loss and adverse judgment for over $500,000. Case was appealed and we were brought in to present a Legal Malpractice claim while in mediation of the appeal. Case was settled at mediation for a payment by carrier for law firm of the adverse $500,000.00 judgment against the client that had been reduced to $425,000.00 through a three way negotiation.
Attorney had client sign a marital settlement agreement but failed to discover 3 Million in the Cayman Islands in the names of the children. We sued the lawyer for Legal Malpractice and tried to obtain the secreted records from that sovereign nation. The matter settled while it was on Appeal for a confidential sum.
An attorney was consulted regarding a visa issue and advised the client to return to their home country to be readmitted as the visa had expired. The law had changed and a 10 year bar to re entry applied. The client was separated from his wife and children for two years until a special application was approved and they were reunited. Our office sued the lawyer for the erroneous advice, and on the day of trial the matter settled
A lawyer filed a patent application for a company for their invention. The corporation that fabricated the invention took the idea and made their own product as a competitor. When the alleged thief was sued by the inventor, the court determined that the inventor’s attorney failed to “Capture the Magic” of the invention in the patent application, but that the competitor had done so correctly. We sued the negligent attorney and were able to resolve the matter for $125,000.00
An owner and distributor of films settled an infringement case with another company. The agreement failed to spell out who owned what and clarification was possible by returning to the Federal Court Judge who settled the matter. The lawyer delayed and when an attempt was made it was too late. Our office sued the lawyer and the matter settled in mediation for $135,000
Probate, Wills and Trusts:
An attorney prepared a will and trust but failed to advise the client regarding funding of the trusts or sub trusts. The heirs sued the administrator and the corporate trustee and our office sued the attorney who created this mess. The matter settled in mediation with the lawyer paying all damages sustained by the heirs.
An attorney allegedly failed to obtain a Certificate of Independent Review before drafting a will that provided for a substantial gift to the care giver of an elderly client. The lawyer was sued for Legal Malpractice and our office defended the matter. It was settled for a confidential sum, about 10% of the inflated claim.
Real Estate Brokers:
A lawyer was hired to sue a real estate broker arising out of the sale of an apartment building. The broker had become one of the buyers of the property without adequate disclosures. The attorney sued the broker for Fraud and lost at trial as the value of the property was proved to be the value paid so that there were no damages for real estate fraud. The client contacted our office and we urged an appeal based on the Substantial Evidence test in that the proof at trial presented by the broker himself showed the Conflict of Interest such that the judge Could have ruled on that theory, even though it was (negligently) omitted by the client’s own lawyer. The Court Of Appeal’s Opinion was instrumental in settling the case as it stated that the value of the property would not have mattered in a Conflict of Interest claim and that the fees and commissions and profits would have been given to the client (disgorged) if she had only pursued that claim. The Legal Malpractice claim against the lawyer for suing under the Wrong Theory of the case was settled at mediation for over $375,000.
An attorney filed estate tax returns for a client but failed to do so in the right form or on time. The IRS asked for interest and a penalty totaling $50,000.00. The lawyer admitted fault to the IRS in an attempt to have them waive the penalty and interest but the IRS declined. The client then hired us to make the lawyer pay for the penalty and interest. Our letter to the insurance company included the exact admission of fault language that the lawyer had used with the IRS. It took less than two weeks to resolve the matter for the full $50,000.00