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.
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)
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