Justia Professional Malpractice & Ethics Opinion Summaries

Sonya C. Edwards and Edwards Law, LLC (collectively, "Edwards"), petitioned the Alabama Supreme Court for a writ of mandamus to direct a trial court to enter a summary judgment in their favor in an action filed against them by Ivan Gray. Sonya previously represented Gray in proceedings in federal court. In 2015, after mediation and a settlement, those proceedings concluded with the entry of a final judgment. Thereafter, Gray sought to set aside the settlement, and Sonya terminated her representation of Gray. In 2017, Gray sued Edwards alleging Edwards had entered into a contract with Gray in June 2014 in which Sonya agreed to represent Gray in the federal proceedings in exchange for a contingency fee of 50%. Gray alleged that he paid a total retainer fee in the amount of $14,380.85 to cover expenses. According to Gray's complaint, when his federal case concluded, Edwards disclosed that the actual expenses amounted to $4,516.77, therefore, he felt he was entitled to a refund of $9,864.08. When the refund was not forthcoming, Gray alleged Edward converted his retainer and breached the contract between the two. The Supreme Court determined the "act or omission or failure giving rise to the claim" occurred on September 16, 2015, and that was the operative date from which to measure the applicable two-year limitations period. Gray did not file his action until October 27, 2017, which was beyond the two-year limitations period. Accordingly, Edwards has demonstrated a clear legal right to have a summary-judgment entered in her favor. View "Ex parte Sonya C. Edwards and Edwards Law, LLC." on Justia Law

Plaintiff Carol Rademacher challenged a district court’s ruling that she impliedly waived her attorney-client privilege by filing a legal malpractice complaint close to the expiration of the two-year statute of limitations and by then contesting defendant Ira Greschler’s statute of limitations defense. Greschler served as Rademacher’s attorney on various matters for more than two decades. One of the matters in which Greschler represented Rademacher involved the settlement of potential civil claims that Rademacher had brought against a man named John Becker and his wife. Pertinent here, for approximately ten years, Rademacher and Becker were involved in an extramarital relationship. Becker’s wife ultimately confronted and assaulted Rademacher, after which Rademacher contacted the police. The Beckers and Rademacher entered into a settlement agreement, under which Rademacher agreed not to pursue any claims against the Beckers and to ask the Boulder District Attorney’s office to offer Ms. Becker a deferred sentence. In exchange for these promises, Becker executed a $300,000 promissory note payable to Rademacher. Becker stopped making payments, and Rademacher, still represented by Greschler, sued to enforce the agreement. A jury ultimately found for Rademacher, and Becker appealed. After Greschler had orally argued the case in the court of appeals but before an opinion was issued, Rademacher’s divorce attorney, Shawn Ettingoff, sent Greschler a letter “to convey [Rademacher’s] dissatisfaction with [Greschler’s] inadequate representation” in the dispute with Becker. The letter also noted that Greschler’s conduct in representing Rademacher “helped create and perpetuate a situation that may very well lead to the reversal of the judgment in [Rademacher’s] favor.” The court of appeals eventually ruled the agreement between Rademacher and Becker was void as against public policy. Rademacher thereafter sued Greschler, asserting, among other things, a claim for professional negligence (legal malpractice). Several months later, Greschler moved for summary judgment on this claim, arguing that it was barred by the applicable statute of limitations. The Colorado Supreme Court concluded that on the facts presented, Rademacher did not assert a claim or defense that either focused or depended on advice given by her counsel or that placed any privileged communications at issue. Accordingly, the Court further concluded Rademacher did not impliedly waive her attorney-client privilege in this case. View "In re Rademacher v. Greschler" on Justia Law

The Delaware Board of Medical Licensure and Discipline (the “Board”) reprimanded Dr. Bruce Grossinger, for violating various regulations governing the use of controlled substances for the treatment of pain. Specifically, the Board adopted the detailed report and recommendation of a Division of Professional Regulation hearing officer, who had found that Dr. Grossinger, in his care of a heroin-addicted patient (“Michael”), had not complied with the Board’s rules and regulations. The Board found that Dr. Grossinger failed to, among other things, document Michael’s history of substance abuse, discuss with Michael the risks and benefits of treatment with controlled substances, order urine samples or require pill counts, and keep accurate and complete treatment records. After a hearing, the hearing officer recommended that the Board find Dr. Grossinger guilty of unprofessional conduct and discipline him by placing his medical license on probation for six months and requiring him to complete additional medical education and pay a fine. Board adopted the hearing officer’s findings but reduced Dr. Grossinger’s discipline from probation to a letter of reprimand. Dr. Grossinger appealed the Board’s decision to the Superior Court, which reversed on all but one of the five findings. The Superior Court’s reversal of the Board rested on several legal conclusions, including that some of the regulations that Dr. Grossinger was said to have violated were unconstitutionally vague as applied to him, that expert testimony was required to establish the standard of care under the regulations, and that Dr. Grossinger’s due process rights were violated because the Board relied on evidence - its own expertise - outside the record. The parties cross- appealed: the Board appealed the Superior Court’s reversal of all but one of the findings; and Dr. Bruce Grossinger appealed the Superior Court’s failure to reverse the final finding. The Delaware Supreme Court disagreed with the Superior Court’s reversal of the Board’s decision and, therefore, reversed. View "Delaware Bd. of Med. Licensure & Discipline v. Grossinger" on Justia Law

In this health care liability action, the Supreme Court conditionally granted Claimant's petition for writ of mandamus and ordered the court of appeals to vacate its order ruling that Claimant was not permitted to depose a health care provider before serving him with an expert report, holding that the court of appeals erred in holding that the Medical Liability Act categorically prohibited Claimant from deposing or obtaining documents from that provider.Claimant sued one health care provider, served an expert report meeting the requirements of the Act on that provider, and then sought to depose Dr. Jeffrey Sandate, another provider involved in the underlying incident and a nonparty in the action. The court of appeals ruled that Claimant may not depose Dr. Sandate before serving him with an expert report under the Act. The Supreme Court ordered the court of appeals to vacate its order, holding that the Act did not insulate Dr. Sandate from being deposed or producing documents in this case. View "In re Comanche Turner" on Justia Law

In this attorney malpractice case, the Supreme Court examined the reach of the Hughes tolling rule and rendered judgment dismissing the malpractice claim as untimely, holding that the malpractice claim was not tolled under Hughes, which applies when legal malpractice is committed in the prosecution or defense of a claim that results in litigation, because the legal advise at issue lacked the nexus required to come within the Hughes tolling rule.Plaintiff's malpractice suit arose from legal advice Defendant reportedly provided in the summer of 2003. Defendant moved for summary judgment, asserting that Plaintiff's claims were barred by the two-year statute of limitations. The trial court granted summary judgment for Plaintiff. The court of appeals reversed, concluding that Hughes tolling does not apply to legal malpractice occurring in "mere transactional work." The Supreme Court affirmed, holding (1) legal work only incidentally related to activities undertaken to prosecute or defend a claim is not encompassed within the Hughes paradigm; (2) the legal advice Defendant provided was, at best, incidental and tangentially related to ongoinglLitigation; and (3) therefore, Hughes tolling did not apply, and plaintiff's malpractice lawsuit was untimely. View "Erickson v. Renda" on Justia Law

An attorney began representing two injured workers after both encountered difficulties representing themselves in their workers’ compensation claims against the same employer. Both claimants then successfully resolved their claims through mediation, with both receiving substantial settlements. The parties were unable to resolve the question of their attorney’s fees, so the Alaska Workers’ Compensation Board held hearings on that issue. The Board limited the witnesses at the hearings and ultimately awarded significantly reduced attorney’s fees in both claims. The Alaska Workers’ Compensation Appeals Commission affirmed the Board’s decisions. Because the Alaska Supreme Court concluded the Commission incorrectly interpreted Alaska case law about attorney’s fees, because the Board denied the claimants the opportunity to present witnesses, and because the amount of attorney’s fees awarded to both claimants was manifestly unreasonable, the Supreme Court reversed in part the Commission’s decisions and remanded for further proceedings. View "Rusch v. Southeast Alaska Regional Health Consortium" on Justia Law

The Supreme Court reversed the judgment of the district court denying Defendants' motion to dismiss for improper venue, holding that venue was not proper in Sheridan County.Plaintiffs brought this action in Sheridan County for legal malpractice against two attorneys and their firm. Defendants resided and had their personal place of business in Albany County. Defendants were served with the complaint at their place of business in Albany County. Defendants filed a motion to dismiss, arguing that venue was improper in Sheridan County. The district court denied the motion, finding that Defendants could reasonably have expected to be summoned in Sheridan County. The Supreme Court reversed, holding that the district court abused its discretion when it denied Defendants' motion to dismiss based on an erroneous interpretation of the venue provision in Wyo. Stat. Ann. 1-5-108. View "Aron v. Willey" on Justia Law

The Colorado Commission on Judicial Discipline (“the Commission”) recommended approval of a Stipulation for Public Censure and Suspension against Judge Lance P. Timbreza. In June 2019, Judge Timbreza was arrested and charged with Driving Under the Influence and Careless Driving. As he drove home from a party, Judge Timbreza crashed his vehicle into roadside trees and bushes while avoiding a collision with another vehicle. Judge Timbreza contacted the Commission by phone to report his arrest and the charges against him. Judge Timbreza pled guilty to Driving While Ability Impaired and was sentenced to one year of probation, alcohol monitoring, a $200 fine, useful public service, and two days of suspended jail time. By driving while his ability was impaired by alcohol, the Commission determined Judge Timbreza failed to maintain the high standards of judicial conduct required of a judge. The Commission found Judge Timbreza’s conduct violated Canon Rules 1.1 and 1.2 of the Colorado Code of Judicial Conduct. Consistent with the Stipulation, the Commission recommends the Colorado Supreme Court issue a public censure and a twenty-eight-day suspension of Judge Timbreza's judicial duties without pay. The Supreme Court adopted the Commission’s recommendation. View "In the Matter of: Judge Lance P. Timbreza" on Justia Law

Sepling, represented by SC, pled guilty to importing GBL, a controlled substance analogue, 21 U.S.C. 952; Sepling’s sentence would be calculated without consideration of the Guidelines career offender section. Sepling was released on bond pending sentencing and became involved in a conspiracy to import methylone, another Schedule I controlled substance. He was charged under 21 U.S.C. 963. A search uncovered three kilograms of methylone. Subsequent investigation revealed that the conspiracy involved approximately 10 kilograms. A Public Defender (APD) represented Sepling on the new charges. The prosecution agreed to withdraw the new charge; in exchange, Sepling’s involvement in the conspiracy would be factored into his GBL sentence as relevant conduct. The APD ceased representing Sepling. Sepling’s unmodified Guideline range for the GBL was 27-33 months. The methylone relevant conduct dramatically increased his base offense level. The PSR analogized methylone to MDMA, commonly called “ecstasy,” and held him responsible for 10 kilograms, resulting in responsibility equivalent to that for conspiring to distribute five and a half tons of marijuana, for a sentencing range of 188-235 months. SC did not object to that calculation, nor did he file a sentencing memorandum. Rather than researching the pharmacological effect of methylone, SC relied upon Sepling to explain the effects of methylone. SC, the government, and the court all confessed that they did not possess any substantive knowledge of methylone The Third Circuit vacated the 102-month sentence. Sepling was prejudiced by his counsel’s ineffectiveness. View "United States v. Sepling" on Justia Law

The Supreme Court denied the writ of prohibition sought by the West Virginia Regional Jail Authority (WVRJA) seeking to have the Court prohibit the circuit court from enforcing its order denying the WVRJA's motion to dismiss Bobbi Bryant's complaint against it as time barred, holding that WVRJA failed to demonstrate that the circuit court's order was clearly erroneous.The WVRJA moved to dismiss Bryant's complaint on the sole basis that the claims asserted against it were barred by the applicable statute of limitations. The circuit court found that because the statute of limitations was appropriately tolled as to the co-defendant and because Bryant alleged a civil conspiracy cause of action the statute of limitation as to the co-defendant was imputed to the WVRJA. The WVRJA then filed a petition for writ of prohibition with the Supreme Court. The Supreme Court denied the petition, holding that the circuit court did not commit clear legal error in denying WVRJA's motion to dismiss the complaint as time barred, based on the applicable statute of limitations, such that a writ of prohibition is warranted. View "State ex rel. Regional Jail Authority v. Honorable Carrie Webster" on Justia Law