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Tag Archives: Legal malpractice

Reports Allege Deceased Lexington Estate Planning Attorney Engaged in Widespread Misconduct

Author By Todd McMurtryPosted on

Americans are generally reluctant to discuss personal financial issues. In many ways, keeping this information private is often a good idea, but there are situations where close family members, and even spouses, are not completely aware of an individual’s assets and debts. Once someone has died, the administration of their estate or trust clearly identifies property that is to be passed on to the decedent’s beneficiaries. Unfortunately, it might be difficult to discern if they received less than they should have as a result of legal malpractice. 

A lawsuit alleges that a Lexington estate planning attorney misappropriated millions of dollars from his clients. The allegations have triggered one of the largest legal practice fraud investigations in Kentucky’s history. According to the accusations, Delmon Lyle McQuinn’s actions might have affected more than 3,000 people. McQuinn died by suicide on March 18, 2025, shortly after the accusations surfaced.

The complaint of 79-year-old Linda Helton claims that McQuinn wrongly diverted millions of dollars from assets owned by her deceased husband. When her attorney reviewed the facts, he says that the discovered a widespread pattern of deception that included fraudulent wills and trusts. Potential forms of misconduct in the McQuinn matter include breach of fiduciary duty, fraud, forgery, theft by deception, intentional infliction of emotional distress and elder abuse.

While not every instance of estate planning malpractice has the dramatic scope of the McQuinn case, a lawyer’s failure to meet professional standards can have a devastating effect on a victim’s family. Even if an attorney is merely careless, rather than dishonest, serious problems might arise. Failure to conform with legal requirements or address concerns about incapacity could lead to the invalidation of testamentary documents. Errors involving commingled accounts or lost papers can also result in squandered funds or unnecessary litigation. 

When lawyers seek to divert client funds for themselves, it can be difficult to identify the misconduct. From the moment you suspect that something might be amiss, you should reach out to a qualified attorney who can assess the situation and investigate whether any improper activity took place. In the meantime, you can request an accounting of trust assets and transactions, as well as any records involving funds under the lawyer’s control. 

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Can You Bring a Legal Malpractice Suit Even if Your Case Settled?

Author By Todd McMurtryPosted on

Legal malpractice is generally defined as failing to adhere to the professional duty of care that an attorney owes to clients. Usually, a malpractice claim is lodged after the client received a disappointing result in an underlying court case. But does the client have the right to sue if the case below settled?

The short answer is yes. You can sue for malpractice even if your underlying case never saw the inside of a courtroom. However, proving malpractice in a settlement scenario presents unique challenges. Courts generally presume that settlements are entered into voluntarily, which can make it difficult to argue that the settlement was the result of attorney negligence or misconduct.

The attorney’s duty of care requires him or her to act with the diligence and promptness expected of an attorney of similar ability and training under the circumstances. This includes adequately preparing for and researching the case, effectively communicating with the client and acting in the client’s best interest at all times. When the attorney fails to adhere to this duty in any respect, it could lead to an unfair or inadequate settlement

Here are specific types of conduct that can justify a legal malpractice claim:

  • Misrepresentation or fraud — If an attorney misleads a client about the strength of their case or pressures them into settling under false pretenses, this could constitute malpractice. For example, if an attorney assures the client that their case is weak when it is not, to coerce them into accepting a low settlement offer.
  • Failure to investigate or prepare — An attorney’s failure to properly research or prepare a case can leave the client in a weaker bargaining position and lead to a less favorable settlement. This might include failing to gather key evidence or neglecting to consult with necessary experts.
  • Conflict of interest — If an attorney has a personal or financial interest that conflicts with the client’s interest, such as a desire to settle quickly to move on to other cases or personal relationships with the opposing party, this could compromise the attorney’s ability to advocate effectively for the client.
  • Failure to communicate — Attorneys must keep their clients informed about significant developments in their case, including settlement offers. Failure to communicate such offers, or to adequately explain the implications of accepting or rejecting them, can be grounds for a malpractice claim.
  • Failure to negotiate effectively — If an attorney accepts an unreasonably low settlement without attempting to negotiate more favorable terms, this might also be seen as a breach of their duty of care.

To succeed in a legal malpractice lawsuit based on a settlement, the client must prove that but for the attorney’s negligence, a better settlement or verdict would have been likely. This often requires expert testimony from other legal professionals who can attest to the average recoveries for similar cases in the same geographic area. Since settlements are typically confidential, comparing the settlement to verdict sizes in similar cases can be a useful way to gauge whether the attorney made a substandard effort. A professional malpractice attorney can build the strongest case possible in this regard.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

The Most Frequent Causes of Business Litigation

Author By Todd McMurtryPosted on

As a business owner or operator, protecting your company’s interests requires understanding how to avoid and cope with problems that can end up in litigation. Disputes related to business operations, transactions, and partnerships can escalate quickly if not addressed proactively. 

Here is a summary of some of the most common causes of commercial litigation:

  • Breach of contract — When a party fails to meet their contractual commitments, such as by non-delivery of goods, late payments or substandard performance, it can disrupt your business immediately and in a longer term. Litigation may be needed to redress the issue. Business owner can mitigate these risks by ensuring that contracts are clear, detailed and enforceable.
  • Intellectual property infringement — Your intellectual property (IP) is one of your business’s most valuable assets. Protecting your IP through proper registration and vigilant monitoring can safeguard your competitive edge in the market. However, litigation may be needed if you believe another entity has infringed upon your patents, trademarks, copyrights or trade secrets. 
  • Negligence and business torts — Negligence and other tort claims may arise when another party’s careless actions cause harm to your business or its assets. These can include defamation, interference with contractual relationships or failure to exercise reasonable care in shipping. Such cases often require comprehensive evidence to establish fault and quantify damages.
  • Trade issues and disputes — Operating in a global marketplace exposes your business to complex trade disputes, including conflicts over international trade agreements, import/export regulations, and compliance with trade laws. Navigating these issues requires a deep understanding of both domestic and international legal frameworks.
  • Misrepresentation and fraud — If you’ve been misled by false information or intentional deception in a business transaction, you may have grounds for a fraud claim. Misrepresentation can have severe financial repercussions, and addressing it swiftly is critical. Proving fraud involves demonstrating intent, false representation, reliance, and damages.
  • Partnership and joint venture disagreements — Business partnerships and joint ventures can be lucrative but also fraught with potential conflicts over management decisions, profit-sharing, and fiduciary responsibilities. Disputes can escalate if there are ambiguities in your partnership agreements or if parties breach their fiduciary duties. Regularly reviewing these agreements can help prevent misunderstandings.
  • Non-disclosure agreement (NDA) disputes — NDAs protect your sensitive business information. If a party breaches an NDA by improperly disclosing confidential information, it can jeopardize your competitive position. Ensuring that NDAs are comprehensive and enforceable is key to protecting your business secrets.

Since any of these outbreaks disrupting your business, it is vital to consult with a skilled business litigation attorney immediately when a dispute arises. Early intervention allows for a thorough assessment of your case, the preparation of a strong defense and the exploration of alternative dispute resolution strategies, such as mediation or arbitration, which can save your business time and resources.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Proving “the Case Within the Case” in a Legal Malpractice Action

Author By Todd McMurtryPosted on

A person or company alleging legal malpractice bears a unique burden often referred to as proving “the case within the case.” Essentially, the plaintiff must show two layers of causation: first, that the defendant attorney’s conduct fell below the standard of care, and second, that if the attorney had handled the underlying case competently, the outcome would have been more favorable. The malpractice trial must simulate or recreate the original case so that the factfinder — usually a jury — can determine the probable result if the attorney had acted appropriately.

To meet the burden of proof in a legal malpractice case, the plaintiff must present evidence that not only establishes what the attorney did wrong but also enables a jury to assess what the result would likely have been if the lawyer had handled it correctly. In a negligence case, this would involve presenting testimony and other evidence that would have been on record in the underlying trial. If it was a criminal case in which the plaintiff was convicted and/or received a heavy sentence, it would have to be shown that the outcome would have likely been an acquittal or a lesser sentence if the attorney had been more diligent.

In structuring the case within the case, a judge must apply the same procedural and evidentiary rules and jury instructions as in the original trial. The judge must make sure that the jury’s focus is on the evidence rather than on conjecture. This sometimes involves the judge giving specific instructions to clarify that the jury is not reconsidering the underlying case itself but instead determining what the outcome should have been.

The case within the case becomes more complex when the underlying case ended in a settlement rather than a trial. The plaintiff still must prove that a more favorable outcome could have been achieved. However, settlements involve numerous factors, including the strengths and weaknesses of the case, the risks of litigation and the plaintiff’s own preference for certainty over potential future gains. In these instances, the jury does not evaluate what a judge or jury would have decided in the original case but instead assesses whether the plaintiff could have obtained a better settlement if the attorney had handled the matter more competently.

If the matter was settled, the court may rely more on expert testimony to help the jury understand how settlements are evaluated, particularly if they involve specialized fields like corporate law, intellectual property or personal injury. Experts can provide insight into typical settlement values and how specific errors by the attorney — such as failing to pursue certain claims or neglecting evidence that would have strengthened the plaintiff’s position — may have impacted the settlement. Additionally, the judge may instruct the jury to consider how the attorney’s actions influenced the plaintiff’s decision to settle, such as if the attorney failed to fully advise the client of the risks or potential outcomes of going to trial.

A person bringing such a lawsuit should entrust the matter to a professional malpractice attorney who understands the underlying case and can vividly show how the defendant’s conduct fell short of the applicable standards of care.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

Red Flags That Your Lawyer May Be Committing Malpractice

Author By Todd McMurtryPosted on

Legal malpractice is easy to define but often hard to spot as it occurs. In general, it means a lawyer failed to exercise the accepted professional standard of care for the type of matter being handled, and that this failure caused the client harm. The problem is that malpractice may not be suspected by the client until the case ends unsatisfactorily.

If you’re involved in a legal matter, noticing the signs of possible legal malpractice by your attorney can put you in better position of averting a negative result. Here are some red flags you can be on the alert for:

  • Foot dragging — If your lawyer seems to be delaying any aspect of your case, it could be a sign of lack of industry or preparedness. Some delays are to be expected, but an unexplained or extended lapse of time could risk missing the statute of limitations, which can cripple your case.
  • Missed deadlines — Worse than foot-dragging is failing to serve or file pleadings or other documents on time. The negative results can include court-imposed sanctions or possible case dismissal. You can keep tabs on your lawyer’s compliance with deadlines by demanding to be copied on all pleadings and filings.
  • Failure to communicate — This is perhaps the most telltale sign of a lawyer mishandling a case. Failure to advise you of significant events or issues can be detrimental. If your lawyer is not keeping you updated and/or is not returning calls or answering emails, it may signal negligence.
  • Failure to obtain consent — Your lawyer must seek your input and approval when it comes to taking actions that could significantly affect your case’s outcome. This is another reason for demanding that you be copied on correspondence and court filings.
  • Failure to heed instructions — You entrust your lawyer with overall management of your case, but that does not mean he or she can disregard your wishes. The attorney can advise you that adhering to them might not be beneficial but ultimately must follow your instructions.
  • Conflicts of interest —You should be alert to any actions taken by your lawyer that may indicate a lack of loyalty to you. If your lawyer has failed to disclosed a potential conflict, it may constitute malpractice.
  • Settlement pressure — Although a negotiated settlement can be beneficial, you should be on guard if your lawyer seems unwilling or unable to fully explain why. Urging you to accept a settlement without full disclosure of risks and alternatives is unethical and may be harmful.

There are many other indicators of legal malpractice, such as your lawyer seeming unprepared in court, unclear about the current state of pertinent law or at a disadvantage while arguing or trying your case. Recognizing these signs and promptly consulting with an experienced professional malpractice attorney can protect your rights.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.