Category: PROFESSIONAL LIABILITY
Issue: June 2010 Download PDF
Topics covered include:
* Legal Malpractice - Summary Judgment Granted in Favor of Defendant on Issue of
Causation
* Notes - Malicious Prosecution Statute of Limitations Begins to Run When Defendant Replaced as
Counsel - Guardian Ad Litem's File Not Protected by Attorney-Client Privilege or Work Product Doctrine - Negligent Homicide with a Motor Vehicle Not "Serious Crime"
Under Rules of Professional Conduct - Connecticut Ethics Committee Informal Opinion-Lawyer Assisting a Pro Se Litigant is Not Obligated to Disclose Such Assistance to
the Court
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Category: PROFESSIONAL LIABILITY
Issue: April 2010 Download PDF
Topics covered include:
* Medical Malpractice -
Appellate Court Held Medical Opinion was Sufficient to Comply with the Requirements of C.G.S. § 52-190a - Purported Medical Malpractice Action Barred by Prior
Pending Action Doctrine
* Notes - Plaintiff's Legal Malpractice Claim Barred by Three Year Statute of Limitations in
C.G.S. § 52-577 - Breach of Contract and CUTPA Claims Against Attorney Fail to State Causes of Action - Medical Opinion Pursuant to C.G.S. § 52-190a Not
Required Where Medical Malpractice is Grossly Apparent - Court Permits Widow's Claim of Interference With Dead Bodies Against Hospital
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Category: PROFESSIONAL LIABILITY
Issue: February 2010 Download PDF
Topics covered include:
* Medical Malpractice - Connecticut Court has Jurisdiction Over
Out-of-State Radiologist Who Reviewed Films of Connecticut Patient
* Notes - Statute of Limitation Bars Legal Malpractice Claim - Attorney Grievance-Due Process Not
Violated by Participation of Committee Member Absent from Hearing - Expert's Inflammatory and Prejudicial Testimony Regarding Defensive Medicine Warranted Mistrial -
Altering Medicine Records Considered "Entrepreneurial" for Purposes of CUTPA Claim Against Doctor
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Category: PROFESSIONAL LIABILITY
Issue: December 2009 Download PDF
Topics covered include:
* Legal Malpractice - Expert Testimony Required for Claims Based on
Failure to Appear at Probate Hearing and to Advise of Appellate Rights
* Medical Malpractice - Motion
for Directed Verdict Overturned-Jury could have Reasonably Found Defendant did not Warn of Drug Risks
* Notes - Motion to Set Aside $1.5 Million Medical Malpractice Verdict Denied - Certificate of Good
Faith Not Required in Action Alleging Lack of Informed Consent - Partial Summary Judgment Granted in Accountant Malpractice Subrogation Action Where Claims Barred by Three
Year Statute of Limitations - Proving "Case within the Case" Not Required in Legal Malpractice Actions When Underlying Case Fully Litigated
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Category: PROFESSIONAL LIABILITY
Issue: October 2009 Download PDF
Topics covered include:
* Attorney Ethics - Former Employee of Law Firm Entitled to Referral Fee Despite New Employer's
Conflict of Interest
* Medical Malpractice - Opinion Letter by
Surgeon Insufficient in Malpractice Claim Against Emergency Physician
* Notes - Claim that Attorney Failed to Include Life Insurance Provision in Divorce Settlement
Agreement Justiciable - CUTPA Claim Stricken Because No Ascertainable Loss - Breach of Contract, CUTPA and Intentional Infliction of Emotional Distress Claims Stricken
in Legal Malpractice Action - Physician Violated the Standard of Care By Failing to Monitor Long-Term Effects of Medication
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Category: PROFESSIONAL LIABILITY
Issue: August 2009 Download PDF
Topics covered include:
* Legal Malpractice - Malpractice Claim Ripe While
Underlying Action Still Pending
* Medical Malpractice - Written Opinion of Similar Health Care Provider Need Not Address Causation
* Notes - CUTPA Claim Stricken Because No Entrepreneurial Conduct Alleged - No Civil Forgery
Claim Based on Forged HUD-1 Statement - Bystander Emotional Distress Claims Not Allowed in Medical Malpractice Case - Statewide Grievance Reviewing Committee Decision
Not Appealable
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Category: PROFESSIONAL LIABILITY
Issue: June 2009 Download PDF
Topics covered include:
* Medical Malpractice - Summary Judgment Affirmed Where Plaintiff Fails to Disclose Expert Witness in Lawsuit Alleging Malpractice and Breach of Contract
* Notes - Discovery and Evidentiary Hearing Not Required Prior to Ruling on Motion to Dismiss for Lack of Subject Matter Jurisdiction - Absolute Judicial Immunity Bars Claim Against Probate Judge - Quasi-Judicial Immunity Bars Claims Against Court Appointed Attorney - Apportionment Not Permitted in Legal Malpractice Action - Claims of Fraudulent Conduct Sufficient to State a CUTPA Claim Against Lawyer
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Category: PROFESSIONAL LIABILITY
Issue: April 2009 Download PDF
Topics covered include:
* Medical Malpractice - Appellate Court Affirms Dismissal of Complaint for Failure to Comply with Requirements
Under Conn. Gen. Stat. § 52-190a
* Notes - Legal Malpractice Claim Fails Due to Lack of Expert Testimony - Untimely and Prejudicial
Amended Complaint Not Allowed - Psychiatrist Qualifies as "Similar Health Care Provider," Where Claims Involved Patient's Mental Status and Psychiatric History -
Legal Malpractice Claim Barred by Statute of Limitations
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Category: PROFESSIONAL LIABILITY
Issue: February 2009 Download PDF
Topics covered include:
* Legal Malpractice - Plaintiff Not Collaterally
Estopped From Relitigating Issue of Existence of Attorney-Client
Relationship
* Medical Malpractice - Statute of Repose Not Tolled
* Notes - Investment Advisor Malpractice Claim Barred by Statute of Limitations - Claim of
Excessive Fees Sufficient for CUTPA Claim Against a Lawyer - Despite Medical Problems, Accountant Liable for Malpractice - Negligent Infliction of Emotional Distress
Claim Not Permitted in Childbirth Medical Malpractice Case
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Category: PROFESSIONAL LIABILITY
Issue: December 2008 Download PDF
Topics covered include:
* Professional Ethics - Attorney Violated Rule 3.1 Regarding Candor
by Including Frivolous Allegations in a Motion to Disqualify
* Legal Malpractice - Summary Judgment in
Favor of Defendant Reversed Despite Plaintiff's Failure to Disclose Expert in Timely Manner
* Notes - Speculation and Conjecture Insufficient to Defeat Summary Judgment - Surveyor
Breached Standard of Care by Failing to Certify that There Were no "Visible Encroachments" - Retainer Agreement Sufficient to Support Breach of Contract Claim -
Medical Malpractice Complaint Dismissed for Failure to File Sufficient Opinion Letter from Similar Health Care Provider
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Category: PROFESSIONAL LIABILITY
Issue: October 2008 Download PDF
Topics covered include:
* Habeas Corpus Determination Precluded Re-litigation of Causation in Legal Malpractice
Action
* Breach of Oral Contract Claim Barred by Three Year Statute of
Limitations
* Lawyer's Fees and
Identity of Party Paying the Fees Are Not Protected by Attorney-Client Privilege
* Dismissal of Grievance Complaint Cannot Be Appealed
* Pro-se Plaintiff's
Medical Malpractice Complaint Dismissed for Failure to File Good Faith Certificate
* Action Against Executors Not Ripe Where Estate at Issue Still Open
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Category: PROFESSIONAL LIABILITY
Issue: August 2008 Download PDF
Topics covered include:
* Legal Malpractice - Legal Malpractice Counterclaim Fails Due to Lack of Expert
Testimony
* Professional Ethics - Note and Mortgage in Favor of Counsel Not Grounds
for Disqualification
* Medical Malpractice
- Failure of Loss of Chance Claim Does Not Preclude Other Claims
* Notes - Causation Could Not be Established Where Underlying Appeal was Not Viable
* Assignment of
Agent Malpractice Action Permitted
* Causation Expert Needed in Medical Malpractice Action
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Category: PROFESSIONAL LIABILITY
Issue: June 2008 Download PDF
Topics covered include:
* Legal Malpractice - Claims of Negligence Insufficient to State a Cause of Action for
Breach of Contract
* Medical Malpractice - Question of Fact Regarding
Application of Continuous Course of Conduct Doctrine
* Notes - Intentional Conduct Alone Insufficient to State a Claim Under CUTPA
* Court Appointed Attorney Not Entitled to
Immunity
* CUTPA Claim Based Solely on Over-Billing Insufficient
* Court Permits Negligent Infliction of Emotional Distress Claim in
Medical Malpractice Action
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Category: PROFESSIONAL LIABILITY
Issue: April 2008 Download PDF
Topics covered include:
* Connecticut Unfair Trade Practices Act -
Negotiation and Collection of an Excessive Legal Fee May Give Rise to CUTPA
Claim
* Notes - Pre-Hearing Discovery in Attorney Discipline Matters Not Permitted
* Allegations Regarding Fee Agreement Sufficient to Support
CUTPA Claim
* Plaintiff's Allegation of
Specific Request Sufficient for Breach of Contract Claim Against Insurance Agent
* Allegations that Attorney Failed to Bring a Lawsuit May be Sufficient for Breach of Contract Claim
* Opinions from Similar Health Care Provider Must be Obtained Prior to
Filing Suit
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Category: PROFESSIONAL LIABILITY
Issue: February 2008 Download PDF
Topics covered include:
* Legal Malpractice -
Judgment for Defendant Lawyer Following Bench Trial
* Breach of Contract - Summary Judgment for Defendant Affirmed Because Existence of Contract Not Proven
* Professional
Ethics - Attorney Violated Rules 3.1 and 3.3 Regarding Candor by Continually Claiming Attorney-Client Privilege After Waiving
It
* Notes - No Breach of Fiduciary Duty for Conduct Occurring After Termination of the Attorney-Client Relationship
* Conflict in Representing Multiple Clients Does Not Give Rise to a Claim for Breach of Fiduciary
Duty
* Motion to Dismiss Denied Despite Pro Se Plaintiff's Failure
to File Certificate of Good Faith
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Category: PROFESSIONAL LIABILITY
Issue: December 2007 Download PDF
Topics covered include:
* Legal
Malpractice - Claim That Attorney Failed to Deliver Title Without Restrictions Does Not State a Cause of Action for Breach of
Contract
* Professional Ethics - Attorney Violated Rule 1.4(a) Regarding Communications by Failing to Respond to Telephone Calls and Correspondence From Client
* Notes - No Right of Bystander Emotional Distress Arising From Medical Malpractice
* Misrepresentation By Real Estate Agents Triggers CUTPA Claim
* Certificate of Good Faith Need Not Specify
Every Negligent Party
* Inability to Market Property is Property Damage
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Category: PROFESSIONAL LIABILITY
Issue: October 2007 Download PDF
Topics covered include:
* Vexatious Litigation - Application of the 'Probable Cause' Standard against a Defendant Law
Firm
* Professional Ethics - Attorney Reprimand Upheld Where Based on Clear and Convincing Evidence of Rule
Violation
* Notes -
Attorney/Client Privilege Waived as to Insurer's File
* Doctor Owes No Duty to Provide Post Discharge Advice to Patient's Relatives
* Refusal to Provide Patient With Medical Records Triggers CUTPA
* Medical Malpractice - Good Faith Certificate Must be From 'Similar Health Care
Provider'
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Category: PROFESSIONAL LIABILITY
Issue: August 2007 Download PDF
Topics covered include:
* Attorney-Client Privilege - Attorney-Client Privilege Waived as to Successor Counsel in Underlying Litigation
* Continuous Representation Doctrine - Legal Malpractice Statute of Limitations not Tolled by Continuous Representation Doctrine
* Notes - Malpractice Claim for Failure to File Dram Shop Claim Ripe Despite Pending Action Against Bar
* Improperly Admitted Evidence of Informed Consent Found to be Harmless Error
* Fraudulent Misrepresentation Claim Stricken Due to Insufficient Allegations of Knowledge
* Expert Testimony of Whether Plaintiff Would Have Prevailed in Underlying Action not Permitted
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Category: PROFESSIONAL LIABILITY
Issue: June 2007 Download PDF
Topics covered include:
* Medical Malpractice - Supreme Court Finds That Continuous Treatment Doctrine is Generally Not Applicable to Provider of Consultative Diagnostic Services
* Personal Jurisdiction-Long Arm Statute - Out-of-State Law Firm's Mailing of Two Letters of Representation to Connecticut Company Insufficient to Confer Jurisdiction Under Long-Arm Statute
* Notes - Breach of Contract and Breach of Fiduciary Duty Claims Stricken Due to Insufficient Allegations
* Expert Testimony Regarding Standard of Care is Required to Support Claim Against Criminal Defense Attorney
* Allegations of Simple Negligence Rather Than Medical Malpractice Do Not Require Certificate of Food Faith
* Allegations of Medical Malpractice Require a Certificate of Good Faith
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Category: PROFESSIONAL LIABILITY
Issue: April 2007 Download PDF
Topics covered include:
* Vexatious Litigation - Filing an Application for
Prejudgment Remedy is not a "Civil Action" for Purposes of a Vexatious Litigation
Claim
* Legal
Malpractice and Ripeness - Malpractice Claim is Ripe Even Though Underlying Action Still on Appeal
* Apportionment Against Lawyer Permitted Where Loss of Use of Property Alleged
* Allegation That Attorney Attempted to Avoid Business
Expense by Concealing Malpractice Did Not Give Rise to CUTPA Claim
* Dentist Practice Could be Held Vicariously Liable for Negligence of Dentist Employee
* Claim Against Hospital Arising From Fall During X-ray Alleges Medical
Malpractice
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Category: PROFESSIONAL LIABILITY
Issue: February 2007 Download PDF
Topics covered include:
* Vexatious Litigation - Standard for Probable Cause for Bringing a
Lawsuit is an Objective One, Based on a Reasonable, Good Faith Belief in the Facts
Alleged
* In Claim for Indemnification, Question of Fact as to Exclusive Control
* Legal Malpractice Claim Non-Justiciable When Damages Uncertain
Due to Pending Action
* Emotional Distress Claim by Mother Who Observed Newborn's Death Not Permitted
* Expert Testimony Required to Establish Defendant's Claim that Firm Provided Inadequate
Legal Services
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Category: PROFESSIONAL LIABILITY
Issue: December 2006 Download PDF
Topics covered include:
* Legal Malpractice - Seller's Attorney in Real Estate Closing not Liable to Buyers. Attorney for Common Law Indemnity
* Insurance Adjuster Malpractice - Expert Testimony not Required in Adjuster Malpractice Action Where Adjuster Failed to File Proper Notice with Second Injury Fund
* Certificate of Good Faith in Medical Malpractice Actions
* Insurance Agents Owe Duty to Recommend Coverage
* Legal Malpractice Claim by Non-Client not Permitted
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Category: PROFESSIONAL LIABILITY
Issue: October 2006 Download PDF
Topics covered include:
* Medical Malpractice - Statute of Limitations Not Tolled
Based on Continuous Treatment or Conduct Where Plaintiff Subsequently Treated by Different Physician in Defendant's
Practice
* Medical Malpractice - Lack of Informed Consent
Claim May Not be Based on Physician's Failure to Disclose Prior Experiences With Medical Procedure
* Negligent Misrepresentation Claim by Non-Client Permitted
* Continuous Treatment and
Continuous Course of Conduct Doctrines Not Applicable
* Lack of Informed Consent Claim Cannot be Based on Failure to Explain Tests or Failure to Recommend Additional Testing
* Failure to Attach Written Opinion of Similar Healthcare Provider is Not Grounds for
Dismissal
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Category: PROFESSIONAL LIABILITY
Issue: August 2006 Download PDF
Topics covered include:
* Medical Malpractice - Minor Plaintiff Lacks Sufficient Life Experience to Testify as to Whether Consent for Plastic Surgery Procedure Would Have Been Given if Informed of Risks
* Conflict of Interest - Preliminary Consultation Between an Attorney and Prospective Client Creates a Fiduciary Relationship
* Legal Malpractice - Written Fee Agreement is Valid Even if Not Signed by Client
* Medical Malpractice - Expert Testimony Required Under Theory of Lost Chance Doctrine
* Legal Malpractice - Breach of Contract Claims
* Dental Malpractice - Claim Alleging Extraction of Wrong Tooth was Claim for Medical Malpractice Requiring Certificate of Good Faith
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Category: PROFESSIONAL LIABILITY
Issue: June 2006 Download PDF
Topics covered include:
* Legal Malpractice - Expert Testimony Required to Establish Failure to Discover and Present Favorable Evidence was Breach of Standard of Care and Proximate Cause of Damages
* Medical Malpractice - Hospital has No Duty to Inform Patient of Risks
of Blood Transfusion
* CUTPA (Connecticut Unfair
Trade Practices Act) - Failure to Disclose Disbarment
* CUTPA - Solicitation of Business
* Medical Malpractice - Certificate of Good Faith
* Accountant Malpractice - Claims by Third
Parties
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Category: PROFESSIONAL LIABILITY
Issue: April 2006 Download PDF
Topics covered include:
* Medical Malpractice - Patient Required to Present Expert Testimony to Establish Applicable Standard of Care of Hospital in Credentialing Physician
* Rules of Professional Conduct - Client's Appointment of an Agent Does Not Eliminate Attorney's Responsibility to Directly Communicate with Client
* Emotional Distress Damages in Wrongful Birth Case
* Plaintiff Need Not Bring Futile Underlying Claim for Legal Malpractice Claim to be Ripe
* Statute Providing for 90-Day Extension of the Statute of Limitations for Claim against Healthcare Provider Does Not Violate Due Process
* Claims against Allegedly Negligent Insurance Agents are Assignable
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Category: PROFESSIONAL LIABILITY
Issue: February 2006 Download PDF
Topics covered include:
* Medical Malpractice - Plaintiff's Treating Physician Precluded from Testifying on Causation as Sanction for Late Disclosure of Expert
* Vexatious Litigation - Standard for Probable Cause for Bringing a Lawsuit is an Objective One Based on the Facts Known to the Attorney When the Suit was Commenced
* Continuous Course of Representation Doctrine - CUTPA
* Emotional Distress Claim Based on Termination of Life Support
* Legal Malpractice - Attorney-Client Relationship
* Medical Malpractice - Battery Claim
* Statute of Limitations Begins to Run at Time of Granting of Summary Judgment
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Category: PROFESSIONAL LIABILITY
Issue: December 2005 Download PDF
Topics covered include:
* Legal Malpractice - Assignment of Legal Malpractice Claim or its Proceeds is Against Public Policy
* Abuse of Process - Abuse of Process Claim Premature When Underlying Action Pending - Fee Agreements for Legal Services in Exchange for Real Property - Tolling Doctrines Did Not Save Medical Malpractice Claim Arising From Alleged Misreading of Mammograms
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Category: PROFESSIONAL LIABILITY
Issue: September 2005 Download PDF
Topics covered include:
* Vexatious Litigation - Vexatious Litigation Action against an Attorney is Determined by an Objective Standard of Probable Cause
* Medical Malpractice - Expert Testimony - Cardiologist Cannot Testify as to the Standard of Care of a Plastic Surgeon Whose Patient Suffered a Stroke as a Result of His Recommendation that She Stop Taking Anticoagulant Medication
* Immunity for Attorneys - Attorney Appointed by Court to Represent a Child in a Marital Dissolution Action is Entitled to Absolute Immunity
* Experts in Legal Malpractice Actions
* Breach of Contract Claims against Lawyers
* Law Firm's Liability for Actions of a Former Partner
* Discovery in Medical Malpractice Actions
* Attorney's Failure to File Offer of Judgment - Legal Malpractice
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Category: PROFESSIONAL LIABILITY
Issue: June 2005 Download PDF
Topics covered include:
* Attorney-Client Privilege - Client Waives Attorney-Client Privilege as to All Attorneys Who Represented Him in Lawsuit That is Subject of Legal Malpractice Action
* Medical Malpractice - Evidence of Prior Bad Result with Medical Procedure Admissible
* Legal Malpractice - Under Some Circumstances, a Legal Malpractice Action is Tolled Until the Underlying Action is Resolved
* Connecticut Unfair Trade Practices Act - Legal Malpractice
* Informed Consent - Dental Malpractice
* Expert Testimony - Legal Malpractice
* Violation of Regulation - Medical Malpractice
* Continuous Representation - Professional Malpractice
* Causation - Medical Malpractice
* Grievance - Rules of Professional Conduct
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Category: PROFESSIONAL LIABILITY
Issue: March 2005 Download PDF
Topics covered include:
* Medical Malpractice - Expert Testimony
* Legal Malpractice - Statute of Limitations
* Collateral Estoppel Precludes Legal Malpractice Action
* Apportionment Not Permitted against an Opponent's Attorney
* A Registered Nurse is Qualified to Provide the Medical Opinion upon Which a Claimant's Good Faith Certificate is Based
* Duty of Care to Litigation Adversary
* Negligent Conduct Insufficient to Support Claims
* Attorney's Failure to Return Documents to Prospective Client Constitutes Negligence
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Category: PROFESSIONAL LIABILITY
Issue: December 2004 Download PDF
Topics covered include:
* Expert Testimony-Under Some Circumstances, A Judge Can Use His Own Expertise to Assess
Standard of Care in A Legal Malpractice Case
* Medical Malpractice Statute of Limitations-90-day Extension of Time
Applies to Statute of Repose
* Legal Malpractice-Ripeness
* Medical Advice by An
Attorney
* Tolling the Statute of Limitations-Medical Malpractice
* Certificates of Good Faith
* Fiduciary
Duty
* Expert Testimony-Reasonableness of Fees
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Category: PROFESSIONAL LIABILITY
Issue: June 2003 Download PDF
Topics covered include:
* Insurance
Coverage
* Legal Malpractice
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