When a commercial lender or a community bank extends credit to a business, the transaction is built upon a foundation of risk management. Securing the loan with collateral – such as real property, inventory, or equipment – is a fundamental way to mitigate that risk....
Transactional Malpractice
Was your real estate transaction jeopardized by your lawyer’s failure to identify property encumbrances?
When you engage an attorney to facilitate a real estate transaction, you are seeking more than just a signature on a deed. You are relying on their professional expertise to ensure that the title you are receiving is "clear" – meaning it is free from hidden legal...
Did a lawyer’s error in drafting a will or trust invalidate your loved one’s estate plan?
Most people create a will or trust because they want clarity. They want their assets to go where they intend with as little cost and stress as possible for the loved ones they leave behind. An estate plan only works, however, if it is legally effective. If a document...
Did your attorney’s poor oversight in statutory compliance lead to penalties?
When you hire a lawyer for a business or real estate matter, you typically do so to help you navigate legal rules you may not deal with every day. Many of those rules are not optional. They are set by statutes or regulations and can carry fees, fines, interest or...
Did your lawyer fail to conduct adequate due diligence in your legal transaction?
When you hire an attorney for a business or real estate deal, you are not just paying for document drafting. In many cases, you rely on your lawyer to protect your interests in the deal, as well. Doing that requires investigating the key facts, identifying legal risks...
National trends in attorney malpractice claims
Corporate and securities law. Business transactions. Trusts and estates. These areas of legal practice have been the top-three subjects of malpractice claims filed with professional negligence insurers for the past three years. Insurance defense. Taxation....
Contract clause detrimental to client may be legal malpractice
A major part of many law practices is the drafting of contracts to accomplish a wide range of client goals. First, an attorney should gain a deep understanding of what the client wishes to accomplish through contract and consider how to do so. Then, the lawyer...
Did your lawyer make a mistake in your real estate matter?
When a party purchases real estate, they usually have an intended use for the parcel. It is common to retain an attorney to facilitate the transaction. The clients reasonably expect that the lawyer will do what needs to be done to transfer ownership of the real estate...
Court revives Biggest Loser star’s malpractice suit against former lawyers
On March 26, 2021, a California appeals court reinstated a legal malpractice lawsuit that the trial court had thrown out, filed by well-known athletic trainer Jillian Michaels, who starred on The Biggest Loser for many seasons. While the appeals court’s opinion dealt...
Transactional malpractice: When is a lawyer liable for a bad deal?
Lawyers represent clients in many situations. Not only do they advocate for them in the courtroom, but also in negotiations about business, real estate and financial transactions. Not all deals turn out as expected – and sometimes transactions fall through – but when...

