Justia Legal Ethics Opinion Summaries

While driving a forklift at work, Lori Chandler was hit by another forklift and injured. She retained Turner & Associates to file a workers’ compensation claim. But Turner & Associates failed to file her claim within the statute of limitations. Adding to that, the firm’s case manager engaged in a year-and-a-half-long cover-up, which included false assurances of settlement negotiations, fake settlement offers, and a forged settlement letter purporting to be from Chandler’s former employer. Because of this professional negligence, Chandler filed a legal malpractice action. The only issue at trial was damages. The trial judge, sitting as fact-finder, concluded that Chandler had suffered a compensable work-related injury—an injury that caused her to lose her job and left her unemployed for nearly two years. Based on her hourly wage, the trial judge determined, had Turner & Associates timely filed Chandler’s workers’ compensation claim, Chandler could have reasonably recovered $50,000 in disability benefits. So the trial judge awarded her $50,000 in compensatory damages. The trial judge also awarded Chandler $100,000 in punitive damages against the case manager due to her egregious conduct. The Court of Appeals affirmed the punitive-damages award. But the court reversed and remanded the compensatory-damages award. Essentially, the Court of Appeals held that Chandler had failed to present sufficient medical evidence to support a $50,000 workers’ compensation claim. The Mississippi Supreme Court reversed the appellate court: "Were this a workers’ compensation case, we might agree with the Court of Appeals. But this is a legal malpractice case. And part of what Chandler lost, due to attorney negligence, was her ability to prove her work-related injury led to her temporary total disability. ... the Court of Appeals erred by applying exacting statutory requirements for a workers’ compensation claim to Chandler’s common-law legal malpractice claim." The Court reversed on the issue of compensatory damages and reinstated the trial judge’s $50,000 compensatory-damages award. Because this was the only issue for which Chandler sought certiorari review, it affirmed the remainder of the Court of Appeals’ decision, which affirmed the punitive-damages award but reversed and remanded the grant of partial summary judgment against attorney Angela Lairy in her individual capacity. View "Turner & Associates, PLLC, et al. v. Chandler" on Justia Law

Russo contracted to build four airport firefighting trucks for the city. The contract provided that Russo would pay the city’s attorney fees in the event of litigation involving the trucks. Under a performance bond, Specialty agreed to be liable to the city for any losses if Russo failed to perform the contract. The city accepted and paid for two trucks, but subsequently terminated the contract and refused to pay for the remaining two trucks before they were delivered. Alleging problems with the first two trucks and Russo’s failure to timely deliver the other two, the city made a claim under the performance bond, then sued Russo for breach of contract and sought enforcement of the performance bond against Russo and Specialty, demanding the return of the payments it had made for the first two trucks. Russo sued the city for breach of contract. The city won judgments on all claims; a jury awarded the city $1. B.The court of appeal affirmed the denial of Specialty’s application for attorney fees, rejecting Specialty’s argument that, despite losing on contract liability, it is entitled to fees as the prevailing party because the jury awarded the city only nominal damages rather than the $3.4 million that the city sought. The trial court had discretion to find that neither party prevailed. View "City of Los Angeles Department of Airports v. U.S. Specialty Ins. Co." on Justia Law

NPF sued a franchisee, SY Dawgs, which operated a fast-pitch softball team in the National Pro Fastpitch League, alleging violation of a non-competition agreement. Two-and-a-half years of discovery disputes and repeated sanctions motions followed. The district court imposed sanctions under Federal Rule of Civil Procedure 37 against NPF’s counsel for failure to produce documents and its engagement in other discovery abuses. The Sixth Circuit affirmed the award of sanctions against the individual attorneys who represented NPF, but vacated the award against their law firm. Federal Rule of Civil Procedure 37 does not allow for law-firm sanctions where, as here, the firm was not a party to the lawsuit. View "NPF Franchising, LLC v. SY Dawgs, LLC" on Justia Law

Lynne filed suit against her mother, individually and as trustee of a family trust, and her sisters (collectively Respondents), alleging that they forged trust instruments purporting to divide her parents’ estate upon the death of her father. The trial court entered judgment in favor of the Respondents after determining the trust instruments were not forgeries. On Respondents’ motion for attorneys’ fees, the trial court ordered Lynne to pay over $829,000, finding there was no merit to the position Lynne pursued at the trial, and that Lynne “acted without basis in filing any of her claims.” In addition, the court ordered Lynne to pay over $96,000 in costs.The court of appeal affirmed, rejecting Lynne’s arguments that the trial court’s jurisdiction was limited to the property of the trust estate, such that she could not be personally liable for any amount of attorneys’ fees over and above her interest in the trust and that because she had a reasonable and good faith belief in the merits of her claim, there was insufficient evidence to support the issuance of the fee award. View "Bruno v. Hopkins" on Justia Law

Z.H. completed law school in 2000. In 2019 and 2020, Z.H. took the Nebraska bar examination but did not pass. Because of rheumatoid arthritis that limits her mobility, Z.H. received accommodations, but not all of the accommodations she requested. In 2021 she was required to appear in person while other applicants took the exam remotely. Z.H. averred that during the 2021 examination, which she ultimately passed, she experienced extreme mental stress, anxiety, and physical pain as well as additional scrutiny.She requested specific accommodations should she have to retake the exam and damages. Her affidavit set forth expenses to include $5,906.25 in attorney fees and mailing costs and $450,000 in damages for violations of the Americans with Disabilities Act, 42 U.S.C. 12101, the Rehabilitation Act, 29 U.S.C. 701, and the Due Process and Equal Protection Clauses. Z.H. sought reimbursement for hotel costs and other expenses and punitive damages. The Nebraska Supreme Court dismissed for lack of jurisdiction, finding that the action was not authorized by rule or statute. View "In re Appeal of Z.H." on Justia Law

Eleven-year-old A.F. sought a domestic violence restraining order (DVRO) against her father, Jeffrey F. (Father), who held joint legal custody with her mother, Andrea F. (Mother). The petition was filed by Mother on A.F.’s behalf. Mother sought appointment as A.F.’s guardian ad litem (GAL) in the domestic violence (DV) matter at the same time. The court granted the request for GAL appointment. A.F. was represented by attorney Edward Castro in the domestic violence matter. Castro previously represented Mother in her marital dissolution from Father. Father objected to Mother’s appointment as GAL and to Castro’s representation of A.F., contending Castro had a conflict of interest under Rule 1.7(a), (b) of the State Bar Rules of Professional Conduct. The court removed Mother as GAL and granted Father’s request to disqualify Castro. A.F. appealed, contending: (1) Father lacked standing to challenge Castro’s representation of A.F.; (2) the court incorrectly concluded Castro simultaneously represented Mother and A.F. and consequently abused its discretion by applying Rule 1.7 to disqualify Castro; and (3) the court should have considered the rules governing successive representation and denied the request for disqualification. The Court of Appeal assumed Father had standing to challenge Castro’s representation of his minor child A.F. However, the Court concluded the record lacked substantial evidence to support the trial court’s finding that Castro simultaneously represented Mother and A.F., and it was therefore an abuse of discretion to apply Rule 1.7 to disqualify Castro. Accordingly, the order disqualifying Castro as attorney was reversed, and the matter was remanded for further proceedings. View "A.F. v. Jeffrey F." on Justia Law

Defendant Mengxi Liu, the successful bidder in a real estate auction conducted by defendant Max Spann Real Estate and Auction Co. (Max Spann), asserted as a defense to the seller’s breach of contract action that the contract she signed to purchase the property was void and unenforceable. In her appeal of the trial court’s judgment finding her in breach of her contract, Liu argued that the agreement was unenforceable because a licensed real estate salesperson employed by Max Spann wrote her name and address as the buyer and purchase price information on blank spaces in a template sales contract following the auction. Liu contended that this activity constituted the unauthorized practice of law because the contract did not provide for the three-day attorney review period as mandated by the New Jersey Supreme Court. The Supreme Court agreed with the Appellate Division that a residential real estate sale by absolute auction was distinct from a traditional real estate transaction in which a buyer and seller negotiate the contract price and other terms and memorialize their agreement in a contract. In an absolute auction or an auction without reserve, the owner unconditionally offers the property for sale and the highest bid creates a final and enforceable contract at the auction’s conclusion, subject to applicable contract defenses. “Were we to impose the three-day attorney review prescribed in [the controlling case law] on residential real estate sales conducted by absolute auction, we would fundamentally interfere with the method by which buyers and sellers choose to conduct such sales.” The Court found no unauthorized practice of law in this case and held that the contract signed by Liu was valid and enforceable. View "Sullivan v. Max Spann Real Estate & Auction Co." on Justia Law

Plaintiffs, a group of drivers, sued Defendants, a group of personal injury lawyers, after Defendants sought and obtained car accident reports from North Carolina law enforcement agencies and private data brokers and then sent Plaintiffs unsolicited attorney advertising material. Plaintiffs' claims were brought under the Driver’s Privacy Protection Act (“DPPA”).The district court held that, although Plaintiffs have standing to bring their claims, the claim failed on the merits.The Fourth Circuit affirmed. Plaintiffs have a legally recognizable privacy interest in the accident reports. However, Defendant's conduct in obtaining the records did not constitute a violation of DPPA. Defendants obtained Plaintiffs’ personal information from the accident reports; however, Plaintiffs failed to preserve the argument that those accident reports are“motor vehicle records under DPPA. View "William Garey v. James S. Farrin, P.C." on Justia Law

Charles McRae and the McRae Law Firm, PLLC, filed a notice of appeal of a non-final judgment. The Mississippi Supreme Court entered an order that treated the notice of appeal as a petition for an interlocutory appeal, granted the petition, and stayed the proceedings at the trial court. Mississippi appellate rules provided that a petition for an interlocutory appeal had to be filed “within 21 days after the entry of such order in the trial court . . . .” The time for taking an appeal under Rule 5 may not be extended. Because McRae filed the petition for an interlocutory appeal more than twenty-one days after the entry of the order from which he sought an appeal, the petition for an interlocutory appeal was untimely. Therefore, the Supreme Court lacked jurisdiction over the appeal and, accordingly, it was dismissed. View "McRae v. Mitchell" on Justia Law

Defendant Lamar Stanton was charged with three counts of first-degree sexual abuse and two counts of first-degree sodomy. Because defendant was indigent, the trial court appointed counsel to represent him. Over the course of the trial court proceedings, defendant was represented by several different court-appointed lawyers. Defendant expressed frustration with his last-appointed counsel, Lee-Mandlin, and asked her to move to withdraw. Lee-Mandlin filed two motions to withdraw but told the trial court that she was prepared to represent defendant. The court denied the motions, and, after defendant was evaluated at the state hospital and the trial court determined that he was able to aid and assist in his defense, and the case proceeded to a bench trial. The trial court entered a judgment of conviction and sentence, and defendant appealed, arguing that the trial court had erred by proceeding as if defendant had waived his right to court-appointed counsel. The Court of Appeals affirmed without opinion. The Oregon Supreme Court found three motions had been presented with respect to defendant’s representation, and that the trial court should have addressed the three motions separately because they presented different legal questions. Because the trial court did not expressly address these questions, the Supreme Court surmised the trial court could not have concluded defendant expressly waived his right to court-appointed counsel. Consequently, in the context of the multiple pending motions, the trial court’s question to defendant about whether he wanted Lee-Mandlin to withdraw was too ambiguous for defendant’s answer to constitute an intentional relinquishment of his right to court-appointed counsel. Judgment was reversed and the matter remanded for further proceedings. View "Oregon v. Stanton" on Justia Law