​Legal Malpractice


John M. Drath, Esq.

Mediator  •  Arbitrator

  • Lawyer #1 committed malpractice by representing two parties with conflicting interests without providing a written disclosure as required by the rules of professional conduct. Lawyer #2 sued lawyer #1 but he missed the statute of limitations. Lawyer #3 then sued lawyer #2 for missing the deadline for suing lawyer #1. A negotiated settlement fell through because a defendant attorney refused to dismiss a separate action for unpaid fees in unrelated litigation.

  • Law firm sued client for fees owed, client cross-complained for legal malpractice based on poor result in litigation. Law firm represented itself in a contentious and protracted mediation, resulting in settlement.

  • Pre-litigation claim was made against attorney whose client lost a business dispute and was assessed punitive damages. An appeal was filed, and the mediation resolved both the legal malpractice claim and the underlying appeal.

  • Attorney sued after failing to file a timely wrongful termination suit.

  • Attorney, after successfully defending his client in an intellectual property case, recommended bringing a malicious prosecution action against both the plaintiff and its attorney. The attorney/defendant filed an anti-SLAPP motion and was awarded significant attorney’s fees. Client then made a legal malpractice claim against his attorney for the erroneous advice to bring a malicious prosecution action.

  • Attorney sued by judgment debtor for abuse of process and conversion for seizing and liquidating debtor’s assets without following the requirements of the EJL.