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MN Research

Cases of Interest on attorney malpractice and ethics, as well as corporate ethics and legal compliance are noted on a separate page, shown in the left margin.  They are a sampling of  cases that have special impact.

bullet Disciplinary Rules of Professional Conduct (2002 ed) 
bulletOpinions of the Lawyers Professional Responsibility Board (Aug. 1999 - present)

Lawyer Ethics Articles by Subject  Use The Minnesota Subject Matter Index available to research an archive of
ethics articles from Minnesota Bench & Bar and
Minnesota Lawyer

We do have some notes on Minnesota Legal Malpractice Law on another page, but here is an additional item, as a sample..

Fulton v. Schermer, No. C7-01-1449 (Minn.App. 04/02/2002) is a good illustration of two points in legal malpractice claims:

1. Proof of the value of the underlying claim does not necessarily always have to be proof that the underlying claim would have succeeded. In many states may be proved by introducing into evidence expert opinion evidence of what the settlement value of the case would have been if properly handled.

2. Although attorney's fees of the plaintiff in a successful legal malpractice claim are not generally recoverable, plaintiffs often should offer testimony of the reasonable value of the attorney's fees and costs in proving the value of the underlying claim when attorney's fees would have been recoverable in the underlying claim..

"If Fulton had been required to prove his underlying discrimination claim, he may have been entitled to attorney fees incurred as a result of proving up his underlying claim in the malpractice action. See Lorenzetti v. Jolles, 120 F. Supp. 2d 181, 190 (D. Conn. 2000) (permitting a prevailing party to recover those attorney fees incurred as a result of proving an underlying claim in a legal malpractice claim); Fitzgerald v. Walker, 121 Idaho 589, 594, 826 P.2d 1301, 1306 (1992) (affirming denial of attorney fees in malpractice case involving underlying antitrust claim because fees pursuant to underlying claim are part of measure of damages and must be submitted as part of proof of damages, not by post-trial affidavit); Admiral Merchs. Motor Freight, Inc. v. O'Connor & Hannan, 494 N.W.2d 261, 267 (Minn. 1992) ("In Minnesota malpractice cases, attorney fees incurred in the underlying dispute constituting the alleged malpractice may be recovered."); Glamann v. St. Paul Fire and Marine Ins. Co., 424 N.W.2d 924, 927 (Wis. 1988) (awarding attorney fees to prevailing party in legal malpractice action for portion of claim that went to proving underlying employment discrimination claim)."  Fulton v. Schermer, No. C7-01-1449 (Minn.App. 04/02/2002)