Massachusetts SJC Adopts Standard for Snoozing Trial Counsel's Effectiveness
"Although any slumber by counsel during trial is distressing and detrimental, counsel's constructive absence during either a significant portion of trial or an important aspect of trial so offends the constitutional protections surrounding the right to assistance of counsel that it renders the entire adversary process 'presumptively unreliable' and creates an uncurable error, 'even if the error was ultimately harmless,'" Chief Justice Kimberly S. Budd wrote.
Virginia Appellate Court Split Over Legal-Malpractice Suit, Attorney's Continued Representation as Special Counsel in Chapter 7 Liquidation
"Conway ignored their ethical and contractual obligation to Smith, which is a basis of Smith's legal malpractice claim. It was improper for the trial court to resolve this issue in favor of Conway on summary judgment by finding that there was an implied contract for the Chapter 7 representation," Virginia Court of Appeals Judge Doris Henderson Causey wrote in a dissenting opinion.