Legal Malpractice

Summary judgment affirmed for Conour associate in legal malpractice case

June 23, 2017
Olivia Covington
A former associate of now-disgraced Indianapolis attorney William Conour scored a victory in the Indiana Court of Appeals Friday when the court found he did not breach a duty to one of Conour’s clients who accused him of providing inaccurate or misleading information.
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Justices deny transfer to malpractice suit against Barnes & Thornburg

June 19, 2017
Olivia Covington
The Indiana Supreme Court will not consider the issue of whether Indiana’s largest law firm was properly granted summary judgment in a legal malpractice suit, denying transfer to a case that raised concerns about attorneys’ ability to indemnify themselves against malpractice allegations.
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COA reaffirms legal malpractice suit may proceed

June 13, 2017
Olivia Covington
After granting rehearing to clarify the difference between the instant legal malpractice case and previous malpractice caselaw, the Indiana Court of Appeals on Tuesday reaffirmed its previous decision to deny summary judgment to a northern Indiana law firm.
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Judgment for law firm in malpractice case reversed

May 31, 2017
Dave Stafford
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
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Legal malpractice arguments focus on whether crime victim lost settlement chance

May 31, 2017
Dave Stafford
Can agency immunity cover a lawyer's failure to file a tort claim notice and lawsuit?
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COA to hear legal malpractice appeal

May 12, 2017
IL Staff
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
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COA hears malpractice case involving former Conour associate

April 21, 2017
Olivia Covington
Roughly five years after former Indianapolis personal injury attorney William Conour was charged in a federal wire fraud case, the Indiana Court of Appeals heard a legal malpractice action involving one of his ex-colleagues for alleged malpractice. One of Conour's victims claims the attorney's actions kept her in the dark about theft of her settlement money.
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Bar association speaks out against bill banning prospective liability releases

March 17, 2017
Olivia Covington
One of the state’s largest bar associations is speaking out against a bill in the Indiana General Assembly that would prohibit attorneys’ ability to prospectively release themselves from malpractice liability.
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After rehearing, COA reaffirms judgment in favor of Barnes & Thornburg

March 2, 2017
Olivia Covington
After granting a rehearing to adopt a previous holding by the Indiana Supreme Court, the Indiana Court of Appeals Thursday reaffirmed a lower court’s grant of summary judgment in favor of Barnes & Thornburg LLP on a legal malpractice claim.
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COA reverses judgment in favor of law firm in legal malpractice case

February 24, 2017
Olivia Covington
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
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Lawmakers consider attorney anti-indemnification bill

February 22, 2017
Olivia Covington
A bill designed to prohibit attorneys from indemnifying themselves from legal malpractice claims is up for consideration by the Indiana House of Representatives, but some malpractice attorneys say the measure may not be necessary in light of existing rules of conduct.
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Senate passes anti-indemnification clause bill

February 7, 2017
Olivia Covington
The Indiana House of Representatives will soon consider a bill that, if passed, would prohibit attorneys from including malpractice indemnification clauses in their attorney-client agreements.
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Lack of expert testimony leads to judgment in favor of Indiana attorney

December 27, 2016
Olivia Covington
The lack of expert testimony in a yearslong bankruptcy case led to the appropriate grant of summary judgment to an Indiana attorney, the Indiana Court of Appeals found Tuesday.
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Barnes & Thornburg malpractice suit prompts judge’s warning

October 19, 2016
Dave Stafford
Indiana’s largest law firm prevailed in defending a judgment in its favor in a legal malpractice suit, but an Indiana Court of Appeals judge took the opportunity to question whether lawyers should be able to shield themselves from liability for future acts of malpractice.
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Judges reinstate woman’s legal malpractice claim

June 28, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).
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COA dismisses appeal of agreed judgment

June 17, 2016
Scott Roberts
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
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COA affirms judgment for law firm on malpractice claim

December 31, 2015
Dave Stafford
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
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ISBA seeks malpractice time-limit legislation

December 3, 2014
A proposal adopted by the Indiana State Bar Association's House of Delegates in October has yet to be formalized, but it recommends legislation that would limit malpractice liability for attorneys to two years after discovery of an error or not more than three years after the conclusion of representation.
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Author of bin Laden book sues Indiana attorney, firm for malpractice

November 6, 2014
 Associated Press
A former Navy SEAL who wrote a book describing the raid that killed Osama bin Laden sued his former lawyers Wednesday for malpractice, saying they gave him bad advice that tarnished his reputation, cost him his security clearance and caused him to surrender much of the book's income to the government.
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Judges affirm county commissioners can sue attorney for legal malpractice

October 31, 2014
Jennifer Nelson
The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.
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Conour malpractice carrier wins rescission of coverage

October 10, 2014
Dave Stafford
The insurance company that provided malpractice coverage to ex-attorney and convicted fraudster William Conour prevailed in its civil suit against him, but his many victims still may receive a small amount from the case.
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Court of Appeals allows legal malpractice case to continue

May 7, 2014
Jennifer Nelson
The legal malpractice action filed by a man who pleaded guilty to money laundering – when he had the possibility to plead guilty to a misdemeanor if not for his attorney’s actions – will proceed after the Indiana Court of Appeals affirmed the denial of the attorney’s motion for summary judgment.
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Ex-coroner settles malpractice suit against Brizzi

December 30, 2013
Dave Stafford
One of two legal malpractice suits filed against former Marion County Prosecutor Carl Brizzi has been settled.
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Judge denies Brizzi’s bid for gag order in malpractice suit

November 6, 2013
Dave Stafford
A judge Tuesday denied former Marion County Prosecutor Carl Brizzi’s request for a gag order in the legal malpractice claim filed against him by defrocked Indiana Secretary of State Charlie White.
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Judges disagree on when duty to exercise ordinary care extends to beneficiaries

October 15, 2013
Jennifer Nelson
The Indiana Court of Appeals was divided Tuesday on whether a legal malpractice lawsuit filed by third-party beneficiaries of a will against their relative’s attorney should proceed beyond summary judgment. The case hinged on the interpretation of the “known” requirement outlined in Walker v. Lawson.
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