Professor Alberto Bernabe - The University of Illinois-Chicago School of Law
Monday, July 6, 2009
Statute of limitations mistake results in disciplinary sanctions
Mike Frisch of the Legal Profession Blog wrote today on a case in which the Tennessee Supreme Court affirmed a five month suspension imposed on an attorney for engaging in negligent conduct. The attorney missed the statute of limitations deadline for filing a personal injury suit. When I teach Torts, I tell my students this is one of the dumbest mistakes an attorney can make and I tell them it is a common basis for malpractice suits. I can now tell them it can also result in disciplinary sanctions. I knew that was true before, but my sense (which could be wrong since I am not following every single sanctions case out there) is that courts do not typically impose disciplinary sanctions for single instances of purely negligent conduct.
Labels:
Competence,
How not to practice law,
Malpractice,
Neglect,
Sanctions
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