Business And Insurance Law:
Lawyers involved in these types of cases arising from business transactions as well as insurance defense should seek to avoid errors or omissions involving problems including:
CONFLICTS OF INTEREST involved in transactions on disclosed in not consented to by the parties involved. This often also leads to issues of fiduciary duty breaches as to questions about required loyalty to the client. The standard for determining this complex involve the substantial relationship test. If what an attorney takes on as one client is substantially related and adverse to another client’s legal issues and there is no consent given waving the conflict, wrongful conduct by the lawyer becomes an issue if it leads to damages because of the conflict of interest. The fact alone that an attorney actually has a conflict of interest does not create a sustainable lawsuit against the attorney without proof that but for the conflict of interest the damages/losses would not have occurred.
- MISSING THE STATUTE OF LIMITATIONS TO FILE a lawsuit, mechanics lien or other required filing.
- FAILING TO ASSERT A SPECIFIC MERITORIOUS DEFENSE that, based on the circumstances of the dispute, the client would’ve benefited from had been filed properly.
- FAILURE OF THE DEFENSE ATTORNEY TO APPEAR TO DEFEND A DISPUTE PROPERLY order reasonably assert the appropriate defenses on behalf of a client and causing damages to the client as a result.
- IMPROPER OR ILLEGAL CONDUCT in collecting or attempting to collect a debt for a client and the wrongful conduct results in liability for the client.
- MISTAKES IN CONTRACT DRAFTING causing unjustified losses for a client.
Real Estate Law
- FAILURE TO PROTECT A SECURITY INTEREST that a client (person, corporation or other lien holder) expected the attorney to record and protect.
- FAILING TO ADVISE as to the need for obtaining title insurance.
- FAILING TO PROPERLY SEARCH THE PROPERTY TITLE to confirm clear title, liens or other problems.
- NEGLIGENT ADVICE AS TO CONTRACTS of sale of real property.
- TITLE ERRORS AS TO RECORDING PROPERTY DESCRIPTION (boundaries, etc) causing loss to the client.
- FAILING TO DISCLOSE CONFLICTS OF INTEREST (ancillary business interests of the attorney or representation of the buyer and the seller, without consent or waiver, involved in property transactions, including closings. (More and more of a problem with closing attorneys owning interests in title companies, realty firms and land survey companies.)