Legal Malpractice

A Series of quasi-Legal Malpractice Cases in the US Supreme Court

By (Andrew Lavoott Bluestone)

Today's NYLJ features an article by Marcia Coyle on a series of cases coming up before the US Supreme Court.  Of the 6 cases to be heard [almost triple the usual number] at least four are legal malpractice scenario:  Wood v. Allen  is a death penalty case in Alabama in which a newly admitted attorney failed to investigate mental deficiency of his client in the death penalty phase.  The second case, Padilla v. Kentucky [see article for briefs] concerns deportation consequences and lack of  advice in taking a criminal plea,  The fourth case is described as follows:  "Pottawattamie v, McGhee, in which two Iowa prosecutors, who fabricated evidence and used it in the murder trial of two men, seek immunity from a civil rights damages suit by the wrongfully convicted men. 

Lastly is Milavetz, Gallop & Milavetz v. United States [briefs in the article] on whether attorneys are properly subject to the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act.  Are attorneys required to be part of the "debt relief agencies" and may they properly be prohibited from advising clients "to incur more debt in contemplation of bankruptcy."

Full post as published by New York Attorney Malpractice Blog on September 29, 2009 (boomark / email).