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Minnesota Legal Malpractice & Attorney Ethics Cases

Defense of Suit for Legal Fees; Legal Malpractice Expert Affidavit Not Required; Summary Dismissal Reversed

Fredrickson & Byron v. Saliterman, A12-0906, December 24, 2012, presented a dispute about the attorney’s fees owed to the law firm for legal services rendered on behalf of a corporation.  The trial court granted summary judgment in favor of the law firm, finding that its former client Saliterman, was personally liable for the legal fees due for services for a…

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Minnesota Attorney Malpractice; Summary Judgment Reversed

Schmidt v. Harlan, A13-0654, January 21, 2014, concerned a claim for legal malpractice asserted against the attorney Harlan due to his defense of Schmidt in a suit brought by Jorgenson alleging fraud, negligent misrepresentation and unjust enrichment. Harlan obtained a partial summary judgment, winning dismissal of the Jorgenson fraud claim.

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Attorney Conflict of Interest; Disqualification of Legal Counsel

State of Minnesota, et al v. 3M Company, A12-1856, April 30, 2014, reversed the Court of Appeals in part and remanded to the trial court several rulings that had disqualified the Covington & Burlington law firm from providing legal counsel to the State of Minnesota in environmental litigation commenced against the 3M due to its manufacture and disposal of perfluorochemicals (PFCs). Prior…

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Dismissal of Legal Malpractice Affirmed; Violation of Attorney Conduct Rules; Affidavit of Expert Review

Kurdymova, et al v. Robinson, A13-1734, May 12, 2014, affirmed the trial court’s dismissal of claims asserted against an attorney by husband and wife Plaintiffs who had executed conflict-of-interest waivers and paid a retainer. Both discharged the attorney Robinson, claiming he had pushed them to trial, jeopardized their case and did not adequately communicate with them. After a…

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Negligence Preparing Power of Attorney; Affidavit of Expert Review; Summary Dismissal Reversed

Guzick v Kimball, et al, A14-0429, October 6, 2014, Defendant attorney had been sued for negligence in drafting a power of attorney form which was used by the attorney-in-fact to transfer the principal’s bank accounts to himself.  After the principal died his estate sued the attorney-in-fact for conversion, obtaining a non-dischargeable judgment of $226,524.39 in his bankruptcy. 

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Negligence of Lawyer in Legal Malpractice Action Arising Out of Mechanics Lien; Summary Dismissal Reversed

Ryan v. O’Neill, A14-1472, July 27, 2015, presents a legal malpractice claim arising out of an underlying legal malpractice action.  Plaintiff Ryan is a contractor that was hired by developer Farr to improve undeveloped “raw” land.  No pre-lien notice had been given by Ryan prior to performing substantial work.  Due to non-payment by Farr, Ryan terminated…

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