Las Vegas attorneys Joseph Garin and Stephen Keim successfully obtained judgment as a matter of law in favor of a local real estate broker in a United States District Court, District of Nevada lawsuit. Plaintiff’s claims involved violation of state security laws, breach of fiduciary duties, and breach of contract claims which it sought to hold the firm’s client responsible for under the theory of respondeat superior. After three and half days of trial, at the completion of Plaintiff’s case-in-chief, Mr. Garin moved for judgment as a matter of law. The Court granted Mr. Garin’s motion finding Plaintiff failed to establish it sustained any damages as a result of the real estate broker’s actions. As the prevailing party, a post-trial motion for the recovery of fees and costs incurred by the client in the defense of the case remain pending.
Phillip E. Seltzer and Joseph P. Garin recently release their new 2013 Guide to the Law of Legal Malpractice in Michigan for Insurance Claims Counsel. This annual Guide details substantive and procedural issues common to legal malpractice claims in Michigan and provides an update on key developments in this area of the law.
On July 30, 2013, Phillip E. Seltzer was a co-presenter for a Michigan ICLE Webinar on “The New Legal Malpractice Statute of Repose.” The webinar explored the impact of the new statute on lawyers, the distinctions between a repose statute and a statute of limitation, the effect the new law will have on the pre-existing statute of limitations applicable to legal malpractice, the interaction between the new six year repose statute and other existing tolling provisions, and the best practices that lawyers should adopt to take advantage of and to ensure the earliest triggering of the available time bars on potential legal malpractice claims.
Issue preclusion is only applicable where an issue is actually and necessarily litigated.
Frei v. Goodsell, No. 58391, 129 Nev., Adv. Op. 43 (July 3, 2013)
A recent case in the Nevada Supreme Court provides two noteworthy holdings. In Frei v. Goodsell, appellant Eric Frei (“Appellant Frei”) challenged the district court’s refusal to apply the doctrine of issue preclusion and its application of the parol evidence rule in an attorney malpractice action.
Before the malpractice action, Appellant Frei sued the trustee of his deceased wife’s estate claiming the trustee improperly transferred his personal assets into her trust. In that trust action, Frei successfully sought to disqualify respondent Daniel Goodsell, (“Attorney Goodsell” or “Respondent Goodsell”) the attorney that prepared the trust documents, from representing the trustee, based on the district court’s conclusion that an attorney–client relationship previously existed between Frei and Goodsell and thereby created a conflict of interest.
Following resolution of the trust action, Appellant Frei sued Attorney Goodsell for malpractice claiming Goodsell failed to verify Frei’s intentions before preparing the trust documents for his signature.
Appellant Frei asserted, and maintained on appeal, the doctrine of issue preclusion prevented Attorney Goodsell from denying the existence of an attorney–client relationship with Frei in the legal malpractice lawsuit because he had been disqualified from representing the trustee in the previous trust action. Frei also challenged the district court’s application of the parol evidence rule to preclude evidence of Frei’s intent in executing a number of unambiguous documents prepared by Goodsell…click here for the full article as published in the July 2013 issue of the LPL eAdvisory, an eNewsletter from the American Bar Association’s Standing Committee on Lawyers’ Professional Liability.
As published in the State Bar of Michigan e-News – Real Property Law Section
By Douglas E. Kelin
On April 19, 2013, the Office of the Comptroller of the Currency (OCC) published new guidance for residential mortgage servicers to establish minimum foreclosure processing standards. The new standards are intended to create consistency in servicer review and validation of files when a foreclosure sale is imminent.
The failure of the nation’s largest lenders to strictly comply with applicable law in the years after the housing crisis resulted in last year’s $25 billion national mortgage settlement. Widespread failures in the foreclosure process included errors in foreclosure documents, failing to provide sufficient notice of default, foreclosing on borrowers protected by bankruptcy or in the midst of a valid loan modification, and foreclosing on mortgages that lenders did not own. Click here for full article
Joe Garin will be a featured speaker during the 7th Annual E&O Insurance ExecuSummit held during June 18-19, 2013 at the Mohegan Sun Resort & Convention Center in Uncasville, CT. Garin will be part included on a panel of experts that will discuss Professional Firm Dissolutions: Impact on Insurance and Liability. ExecuSummit attendees are insurance professionals in the forefront of the E&O insurance line, monitoring & researching emerging issues and trends.
Joe Garin will be included on a panel of industry experts discussing The EFFECTIVE Use of The 3 P’s in Mediation of Professional Liability Claims during the 2013 Professional Liability Conference that will be held in Boston on July 26. This conference is conducted by the Claims and Litigation Management Alliance™
This discussion will focus on conducting an effective mediation with an emphasis on how careful strategy planning, detailed preparation and strong presentation skills can greatly enhance your chance to resolve claims at the right numbers at mediation. The panelists will use “real life” examples of strategic planning, attention to detail, diligent file investigation and overall preparation to ignite discussion among the attendees regarding the best ways to reach mediated settlement agreements that make sense.
They will also discuss how information is power at mediation, why it makes sense for defense counsel, insured and claims handler to jointly develop a number of potential routes to settlement before walking in the door, and the use of effective presentation techniques to encourage debate among attendees as to how strong advocacy skills can help reach excellent results at mediation.
Claims and Litigation Management Alliance™
The Claims and Litigation Management (CLM) Alliance is the only national organization
created to meet the needs of professionals in the claims and litigation management industries. Founded in 2007, the CLM currently has approximately 20,000 Members and Fellows — a number that grows by hundreds each month.
We are proud to announce the addition of Carly Kolo as an Associate Attorney. She maintains a practice in the area of estate planning, with a specific focus on trust administration.
Prior to joining the firm, Ms. Kolo’s practice focused on real estate and financial advising. Ms. Kolo represented individuals in small business, intellectual property and civil matters including foreclosure prevention, consumer alerts that addressed Digital Television transition and unwanted text message advertising for the Michigan Office of the Attorney General, and she provided transactional counsel on wide range of matters including antitrust jurisdiction, non-profit conversion, homeowner association authority and banking organizations.
Ms. Kolo is an accomplished writer who has researched & written educational, motivational and commemorative videos for the State of Maryland, University of Texas, the Living Classroom Foundation & Catholic Relief Services
Ms. Kolo received her J.D. from Michigan State University College of Law. While attending on merit scholarship, Ms. Kolo was involved in the Journal of Business & Securities Law and worked at the Office of the Michigan Attorney General. Prior to law school, she graduated from the University of Southern California.
An east coast native, Ms. Kolo is also licensed to practice in Maryland.
Ms. Scholler’s particular focus is in the areas of Business and Tax law as well as Estate Planning and Trust Administration. Ms. Scholler’s expertise includes corporate, commercial and taxation matters, business formation and operations, mergers and acquisitions and other commercial transactions.
Integral with Ms. Scholler’s corporate practice is providing clients with estate- and succession-planning advice.
Ms. Scholler has more than four years of experience practicing business and tax law prior to joining Lipson Neilson. In addition, Ms. Scholler previously clerked at the State of Michigan Tax Tribunal and worked at the State of Michigan Corporations Division.
A graduate of the University of Michigan, Ms. Scholler earned her J.D. at Michigan State University College of Law and also earned her LLM in taxation at New York University.
Lipson Neilson Cole Seltzer & Garin partner, Joseph Garin has been named Co-Chair of the Lawyer Professional Liability Committee to The Claims and Litigation Management (CLM) Alliance.
The Claims and Litigation Management (CLM) Alliance is the only national organization created to meet the needs of professionals in the claims and litigation management industries. Founded in 2007, the CLM currently has approximately 20,000 Members and Fellows.
The Professional Liability Committee assists its members in obtaining a higher awareness of issues and trends in the professional liability insurance marketplace. The Committee emphasizes matters related to litigation management through a collaborative effort between insurance companies and brokerages, claims organizations and service providers.
Garin was also a panelist at the 2012 State Bar of Nevada Ethics Year in Review on December 10. The program covered recent developments in legal ehtics and risk management topics.