Legal Malpractice

Mediated a malpractice claim by real estate developer against trial counsel. Developer purchased land for $25 million that surrounded an existing residential gated community. Developer claimed access to his parcels through existing community but restricted homeowner’s longstanding access to his parcels. Developer lost at trial and was assessed damages for slander of title and punitive damages. He sued his lawyers claiming they had negligently failed to assert the defense that he had blocked access on advice of counsel which defense would have defeated both slander of title and punitive damages. Developer claimed as damages both the damages assessed against him at trial as well as tens of millions in lost value to his planned development.

Plaintiff was a medical group corporation started by a doctor who claimed to have developed a proprietary staffing model that permitted a long term care facility to manage difficult post-surgical cases, e.g. liver transplant, at a level equal to that offered by a critical care facility but at a far lower cost. He claimed that after a period of initial success, the competitor and dominant physician’s group in the area conspired with one or more hospitals to force him out of business. Plaintiff hired defendant law firm to prosecute anti-trust claims on behalf of the company. A lawyer on the case lost a box of documents. Ultimately the case was dismissed for failure to prosecute. Plaintiffs claimed that loss of the documents was malpractice that caused the dismissal. The underlying anti-trust claims had to be heard during the malpractice suit.