Articles

DTCI: Legal malpractice — the labyrinth of ‘a case-within-a-case’

Legal malpractice cases are unique negligence actions where the parties must litigate a “case-within-a-case.” It is ironic that, within this framework, the malpractice lawyer who is defending an attorney-client often must argue against the merits of a cause of action or an issue that the attorney-client once advocated.

Read More

COA reaffirms legal malpractice suit may proceed

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.

Read More

Judgment for law firm in malpractice case reversed

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.

Read More

COA to hear legal malpractice appeal

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.

Read More

COA hears malpractice case involving former Conour associate

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.

Read More

Lawmakers consider attorney anti-indemnification bill

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.

Read More

Barnes & Thornburg malpractice suit prompts judge’s warning

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.

Read More

COA dismisses appeal of agreed judgment

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.

Read More