Legal Malpractice Claims In VA

Legal+MalpracticeI’ve posted here and right here about the responses of lawyers in two totally different states to the proposal that they be required to speak in confidence to their purchasers whether or not they carry professional legal responsibility insurance coverage. During that period alone, more significantly on March 26, April 9, April 24, and May eight, 2007, plaintiffs’ then attorney Doyle despatched four certified letters to Fretz, repeatedly emphasizing the significance of notice being given immediately to his malpractice insurance coverage service and pleading with Fretz to disclose the identify of such carrier so that plaintiffs may exercise their unbiased right to give such discover.

This is a legal malpractice action by plaintiffs Joseph P. Shelley (Joe Shelley), individually and on behalf of Walter M. Buchroeder & Son Profit Sharing Plan (WMB Plan), Institutional Equipment Sales Corporation Profit Sharing Plan (IES Plan) and Kevin Equipment Profit Sharing Plan (KEP Plan; the three pension plans, collectively, the Plans), in opposition to defendants Robert I. Bodian (Bodian) and the legislation agency of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (Mintz Levin).

Most Americans think that their insurance coverage is sufficient to protect their belongings, but usually insurance doesn’t cover things like lawsuits for environmental damages, discrimination claims, gross negligence, punitive damages, palimony awards, acts (including paternity fits) dedicated by your minor youngsters, breaches of contract, or just plain insolvency.

In impact, defendants argue that, in a legal malpractice motion, merely proving that the defendant-attorney had acted negligently in failing to well timed commence an action can be insufficient to help a abstract judgment motion by the plaintiff-consumer, and that plaintiff must additionally show that it could have prevailed within the underlying action as well.