Results: Legal Malpractice
Doe Corporation v. Roe Law Firm (Case Confidential)
Klein & Wilson brought a legal malpractice action against one of the largest and most prominent law firms in California for its mishandling of a “bet-the-company” trade secrets case and its failure to recognize serious conflicts of interest. At the time, Klein & Wilson accepted the case, the law firm was demanding approximately $500,00 from the client. Klein & Wilson settled the case on the eve of trial for $725,000 with the law firm agreeing to write-off its entire bill of almost $500,000.
Doe v. Roe Law Firm (Case Confidential)
Klein & Wilson’s client hired a law firm to represent her in a divorce case. The attorney did a poor job preparing her case for trial and relied too heavily upon an expert who did not know what she was doing. When the client complained that the expert’s report was filled with mathematical mistakes, the lawyer panicked, made an inappropriate contact, and forcefully told the client she had to settle. Klein & Wilson’s client decided she could not trust the attorney anymore and was also afraid of him because of the physical aggression. She terminated his services and asked the court for a trial continuance, but the court refused to continue the trial. The trial ended in a predictable disaster. The defense contended the client’s wounds were “self-inflicted” and that it was her discharge of the attorney which led to the disastrous trial result. Regrettably, there was more than a hint of truth to that contention. Nevertheless, Klein & Wilson was able to achieve a favorable confidential settlement for its client, allowing her to get back on track with her life and not distracted by further litigation.
Does v. Roe Law Firm (Case Confidential)
Klein & Wilson recovered $250,000 in a legal malpractice case where the attorneys did a poor job preparing an underlying personal injury and civil rights case. Despite serious issues of causation, Klein & Wilson convinced the insurance carrier a jury would overlook those issues because of the attorney misconduct.
Doe Corporation v. Roe Corporation (Case Confidential)
Klein & Wilson represented a company which sold its medical billing assets in exchange for cash and a promissory note. When the buyer defaulted on the promissory note, Klein & Wilson filed an action against the buyer. The buyer filed a cross-complaint alleging 17 causes of action, pursued an aggressive discovery campaign, and designated multiple experts to try and prove the seller engaged in an international tax fraud conspiracy, which would somehow relieve the buyer from making payments on the promissory note.
The buyer demanded $2.4 million to settle the cross-complaint against Klein & Wilson’s client. Before trial, the parties filed multiple motions in limine. Klein & Wilson won every substantive motion and persuaded the court to exclude defendants’ experts. The court held a separate trial on the equitable issues the case presented, and Klein & Wilson prevailed. Klein & Wilson then persuaded the court to force defendants to present an offer of proof on the cross-complaint. After the court dismissed the first seven causes of action, the case settled in a favorable manner to Klein & Wilson’s client.
Doe City v. Roe City Attorney (Case Confidential)
Klein & Wilson represented a City against its former City Attorney for legal malpractice arising out of the City Attorney’s failure to identify and resolve a conflict of interest. The conflict of interest sparked negative media attention, a public audit, and a criminal prosecution. Ultimately, the City was forced to reimburse funds spent on a public project. When Klein & Wilson substituted into the case, the former City Attorney refused to offer a penny to resolve the case. After Klein & Wilson evaluated the case and presented the former City Attorney with facts showing it had substantial exposure at trial, Klein & Wilson was successful in resolving the case for $1.5 million without taking a single deposition.
ReadyLink HealthCare v. Lewis, Brisbois, Bisgaard & Smith, LLP
The defendant law firm charged its client almost $5 million in legal fees while handling four very sophisticated trade secrets and business cases. None of the four cases went well for the client, despite paying millions of dollars of attorneys' fees. The client hired Klein & Wilson to handle the malpractice case against their former counsel, one of the largest law firms in the United States. After a two month long jury trial, the jury awarded Klein & Wilson's client every penny it requested on its breach of contract and malpractice claims and awarded the defendant law firm nothing on its cross-claims. The case drew significant attention from the California legal community, and the Los Angeles Daily Journal ran a front-page story about this case. Lewis Brisbois Ordered to Pay $6 Million for Overbilling, Mishandling Four Cases.
Doe v. John Roe (Case Confidential)
One of the largest law firms in the United States sought $747,181.79 from its client in a fee dispute. Klein & Wilson cast doubt on the law firm's bills by comparing the work product with the amount of time the attorneys billed. The case settled for $200,000 before the fee arbitration.
Kessler v. Horan
In this attorney malpractice action, Klein & Wilson represented an investor who purchased real estate in Newport Beach. The attorney who represented Klein & Wilson's client in the transaction botched the transaction so badly, the client's title to the property was unclear, which resulted in several other lawsuits being filed. The attorney denied all liability and the case went to trial. The attorney was represented by one of Orange County's most experienced trial attorneys. Nevertheless, Klein & Wilson prevailed at trial and recovered all the damages it requested.
Wells Fargo Bank v. Cahill
Descendants of President Ulysses S. Grant filed a malpractice action against their legal advisor and Klein & Wilson's client, a real estate advisor, claiming professional malpractice. Klein & Wilson was able to achieve a settlement for less than 10 percent (10%) of what it would have cost the client to go to trial.
Sjostrom v. Pepper Hamilton, LLP
Klein & Wilson's client sold his business and expected to have a covenant not to compete in the sales agreement, which would have prevented the owners of the assets he acquired from competing against him. The client discovered the covenant not to compete, which the lawyers drafted, did not prohibit the former principals of the company from competing. The client, therefore, sued his former counsel, one of the largest law firms in the country. Klein & Wilson worked cooperatively with opposing counsel to resolve this case satisfactorily for all sides, without a large expenditure of legal fees.