In Kennedy v. Hall, No. 16-60569, 2017 WL
664041, at *1 (5th Cir. Feb. 17, 2017), the Fifth Circuit affirmed summary
judgment for a Mississippi attorney and his law firm in a legal malpractice action
applying the “case-within-a-case” doctrine. Mississippi law requires the
plaintiff in a malpractice action to prove by a preponderance of the evidence 1)
the existence of a lawyer-client relationship, 2) negligence by the lawyer, 3)
proximate cause, and 4) injury.
On
January 17, 2017, the IRS issued a Guidance Notice classifying syndicated
conservation easement transactions as “Listed Transactions,” or presumed tax
shelters.
In Bond v. McLaughlin, 2017 WL 728176, ---
So.3d --- (Ala. 2017), the Alabama Supreme Court reversed summary judgment for
an attorney in a legal malpractice action, finding a question of fact as to
whether plaintiff could prove her “case within a case.”
NEWSLETTER
Creative is not the typical word used to describe a law firm.
