Justia Professional Malpractice & Ethics Opinion Summaries

The Judicial Tenure Commission (JTC) filed a formal complaint against Wayne Circuit Court Judge Bruce Morrow, alleging 10 counts of judicial misconduct that arose out of criminal cases over which he had presided. After hearing argument on objections to the master’s report, a majority of the JTC concluded that the evidence established judicial misconduct in eight of the ten allegations and recommended that respondent be suspended for 90 days without pay. After review of the entire record and due consideration of the parties’ arguments, the Supreme Court agreed with the JTC’s conclusion that respondent committed judicial misconduct, but the Court was not persuaded that the recommended sanction was appropriate in this case. Instead, the Court held that a 60-day suspension without pay was proportionate to the body of judicial misconduct established by the record. View "In re Hon. Bruce Morrow" on Justia Law

This matter stemmed from the failure of Raymond Thomas, Jr. (a candidate for the office of justice of the peace) to comply with the financial reporting requirements of Louisiana Supreme Court Rule XL. The hearing officer found that Mr. Thomas failed to file his 2012 personal financial disclosure statement timely, and that he acted willfully and knowingly in failing to comply with the financial disclosure rule. The hearing officer recommended that Mr. Thomas be ordered to pay a penalty of $500.00 and to reimburse the Judiciary Commission for costs. The Supreme Court agreed with the hearing officer's decision after a review of the case, and affirmed the officer's decision. View "In re Raymond Thomas, Jr. Justice of the Peace Candidate Ward 1, Assumption Parish" on Justia Law

Sneed is the surviving spouse of Reginald, who served on active duty 1964-1968 and suffered service-connected disabilities, including post-traumatic stress syndrome, post-concussion syndrome, degeneration of the vertebrae, narrowing of the spinal column, tinnitus, a perforated tympanic membrane, and scarring of the upper extremities. In 2001, Reginald fell and suffered a spinal cord contusion, rendering him a quadriplegic. In 2003, he was living in a nursing home for paralyzed veterans. There was a fire and all of the residents died of smoke inhalation. Sneed sought dependency and indemnity compensation, 38 U.S.C. 1310, alleging that her husband’s service-connected disabilities were a cause of his death. The VA denied the claim. The Board affirmed. Sneed’s notice of appeal was due by August 3, 2011. Sneed retained attorney Eagle, communicated with Eagle’s office “for a year or longer” and stated that “Eagle knew that there was a deadline.” On August 2, 2011 Sneed received a letter stating that Eagle would not represent Sneed in her appeal. Failing to find new counsel, Sneed filed notice of appeal on September 1, 2011, with a letter explaining her late filing. The Veterans Court dismissed the appeal as untimely. The Federal Circuit vacated, holding that attorney abandonment can justify equitably tolling the deadline for filing an appeal.View "Sneed v. Shinseki" on Justia Law

The Supreme Court found that Chancellor D. Neil Harris abused his contempt powers, failed to recuse himself from contempt proceedings, and prevented those he charged with contempt from presenting any defense. This matter stemmed from Judge Harris' presiding over a 2010 case in which the State hired private process servers to pursue child-support and paternity proceedings. The Judge obtained information that suggested some of the parties had not been properly served with process, and that returns on the summonses were falsified. The Judge instituted contempt proceedings against five process services, the owner of the service company, and two notaries public. The Supreme Court found that appropriate sanctions were: a public reprimand, a $2,500 fine, and a $200 assessment of costs. View "Mississippi Comm'n on Judicial Perf. v. Harris" on Justia Law

Appellant, a Kentucky-licensed land surveyor, testified as a trial expert on behalf of defendants in a quiet-title action in circuit court. The trial court eventually ruled in favor of the plaintiffs. Alleging that Appellant gave misleading and inaccurate trial testimony during the trial, the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors initiated disciplinary proceedings against Appellant. The Board ultimately suspended Plaintiff’s surveyor’s license, concluding that Plaintiff’s expert witness performance violated professional standards. Appellant sought judicial review. The Supreme Court held (1) a number of the statutes and regulations enforced by the Board against Appellant were impermissibly vague as applied to him; and (2) the Board’s decision to discipline Appellant was supported by substantial evidence. Remanded to the Board for reconsideration of Appellant’s sanction. View "Curd v. Ky. State Bd. of Licensure for Prof’l Eng’rs & Land Surveyors" on Justia Law

Powell was adjudicated a disabled adult due to severe mental disabilities in 1997. His parents, Perry and Leona, were appointed as co-guardians of Powell’s person, but were not appointed as guardians of his estate. In 1999, Perry died following surgery. Leona engaged the Wunsch law firm to bring a claim against the doctors and hospital, Leona was appointed special administratrix of Perry’s estate. Wunsch filed a complaint under the Wrongful Death Act on behalf of Leona individually and as administratrix estate. The estate’s only asset was the lawsuit. A 2005 settlement, after attorney fees and costs, amounted to $15,000, which was distributed equally between Leona, Emma (the couple’s daughter) and Powell. The settlement order provided that Powell’s share was to be paid to Leona on Powell’s behalf. Leona placed both shares into a joint account. The probate court was not notified. Wunsch had referred the action to attorney Webb, for continued litigation. Emma waived her rights under a second settlement, Leona and Powell each received $118,000. A check was deposited into the joint account. The order did not provide that Powell’s was to be administered under supervision of the probate court and Powell did not have a guardian of his estate. Wunsch purportedly advised that it was “too much trouble” to go through the probate court for funds every time Leona needed money for Powell. In 2008, Emma petitioned to remove Leona as guardian of Powell’s person. The probate court appointed Emma as guardian of Powell’s person and the public guardian as guardian of his estate. Leona had withdrawn all but $26,000 and provided no accounting. The public guardian sued the attorneys and Leona. The trial court dismissed as to the attorneys, finding that the complaint failed to sufficiently allege defendants owed Powell a duty and to allege proximate cause. The appellate court determined that an attorney retained by a special administrator of an estate to bring a wrongful death action for the benefit of the surviving spouse and next of kin owed a fiduciary duty to those beneficiaries and remanded, with respect to the second settlement. The Illinois Supreme Court affirmed.View "In re the Estate of Powell" on Justia Law

Attorney Stilp represented Miller in claims concerning the construction of Miller’s house by contractor Herman. The district court dismissed. Stilp recommended that Miller terminate the action based on state law. Miller told Stilp that needed time to consider whether to refile., Herman filed a Chapter 7 bankruptcy petition. Herman’s bankruptcy attorney, Jones, prepared schedules listing the addresses of all creditors. Miller was listed as a creditor on the bankruptcy schedules and creditor matrix, but his address was listed as “c/o Thomas Stilp, Attorney” at Stilp’s office address. Notice of the bankruptcy was delivered to Stilp’s office but was routed to another attorney. Neither Stilp nor Miller was informed of the notice. Miller subsequently informed Stilp that he wanted to refile his complaint against Herman. Stilp then discovered that Herman had filed for bankruptcy protection. Miller did not take immediate action and, about a month later, the bankruptcy court entered a discharge order. About 13 months after he learned of Herman’s bankruptcy petition, Miller moved to reopen the case (11 U.S.C. 727(a)(4)(A)). The bankruptcy court denied the motion. The district court and Seventh Circuit affirmed, finding that Miller had been properly served when notice was delivered to Stilp’s firm.View "Miller v. Herman" on Justia Law

Wade Tucker and Wendell Cook Testamentary Trust, on behalf of shareholders of HealthSouth Corporation brought a shareholder-derivative action against Ernst & Young, LLP ("E&Y"), asserting claims of "audit malpractice" based on E&Y's failure to discover and, if discovered, to report accounting fraud. The "audit malpractice" claims included various claims of negligence, breach of contract, and fraud. The action was referred to arbitration, and an arbitration award was entered in favor of E&Y. HealthSouth filed a motion in the Circuit Court seeking to vacate the award. The circuit court denied the motion to vacate and entered a final judgment in favor of E&Y based on the award. HealthSouth appeals. Finding no reversible error, the Supreme Court affirmed. View "Tucker v. Ernst & Young LLP " on Justia Law

Following the death of their father in an accident in which the van he was driving struck a retaining wall, Appellees retained a law firm and attorneys (collectively, Appellants) to pursue a wrongful death action against the company charged with maintaining the van. The circuit court dismissed the suit after the defendant successfully excluded two of the plaintiffs' expert witnesses. Two years later, Appellees filed a professional negligence action against Appellants. The trial court granted Appellants' motion for summary judgment, finding that Appellees were not in privity with Appellants and thus lacked standing to sue for professional negligence. The court of appeals reversed, concluding (1) there was a material factual issue in dispute as to whether Appellees were represented by Appellants or were led to believe they were being represented by them, and (2) even if there was no privity, the children were owed professional duties because they were the intended beneficiaries of the underlying wrongful death action. The Supreme Court affirmed, holding (1) there were issues of material fact regarding the attorney-client relationship; and (2) the attorneys owed duties to the children, who were real parties in interest to the wrongful death action.View "Pete v. Anderson" on Justia Law

Appellant Cynthia Holmes, M.D. appealed a circuit court's grant of a directed verdict on her malpractice claim in favor of respondents Haynsworth, Sinkler & Boyd, P.A., Manton Grier, and James Becker, and award of sanctions against her. Appellant, an ophthalmologist, was previously a member of the consulting medical staff of Tenet HealthSystem Medical, Incorporated, d/b/a East Cooper Community Hospital, Inc. In 1997, appellant lost her privileges to admit patients and perform procedures at the Hospital. Appellant hired respondents to represent her in a legal action against the Hospital in 1998. Respondents pursued an unsuccessful appeal for reinstatement of full admitting privileges through the Hospital's administrative process. In 1999, Respondents filed a lawsuit in federal court on Appellant's behalf. As a result of that suit, the federal district court granted a temporary injunction reinstating Appellant's admitting privileges based, in part, on Appellant's averments in an affidavit that her patients needed urgent surgeries and her inability to perform surgery at the hospital was causing her to lose patients. However, because Appellant did not perform a single surgery in the wake of the temporary injunction, the district court dissolved the injunction in 2000, because "the alleged harm suffered by [Appellant's] current patients had not materialized." Appellant blamed Respondents for the dissolution of the injunction, claiming that Respondents did not act with due diligence on her behalf because she disputed their fees and refused to pay her legal bills. Respondents, however, attributed the dissolution of the injunction to Appellant's failure to utilize the injunction to perform surgery while it was in place and her lack of cooperation during discovery. On January 31, 2000, Appellant filed a pro se motion requesting the district court reconsider the dissolution of the preliminary injunction. In this motion, she also indicated she was dissatisfied with Respondents' representation and was critical of how Respondents had handled her case to that point and sought additional time to obtain substitute counsel and complete discovery. Because Appellant still refused to pay her legal bills, Respondents filed a motion to be relieved as counsel. A few months later, the district court granted summary judgment in the Hospital's favor, and dismissed the pendant state law claims without prejudice. After Respondents and Appellant ended their professional relationship, Appellant sought the return of the $43,000 in attorney's fees she paid pursuant to an addendum to their fee agreement. Respondents refused, and subsequently Appellant filed a Complaint alleging professional malpractice in handling her federal antitrust claims. Finding no reversible error, the Supreme Court affirmed the trial court's judgment. View "Holmes v. Haynsworth, Sinkler & Boyd" on Justia Law