Attorney Malpractice—Facebook Responses to Client get Attorney Suspended
Over a period of 5 years Nebraska Attorney Garrison via Facebook told his client to “Relax”, “Be Happy”, “This is complicated”, and “U realize we sued the wrong company right? We got the money from a company that had it. The correct company would never have had this type of money to pay our judgment” among other not very informing responses to his client’s Facebook queries.
After many years of blowing off his client’s questions, the default judgement was reversed by the appeals court as the Garrison did sue a company by the same name but one that was domiciled in New Jersey. This was also after Garrison had tried to garnish the New Jersey company’s bank account. The company Garrison should have sued domiciled in Texas.
The Nebraska Supreme Court suspended Attorney Garrison for 90 days with one year of probation for failing to properly communicate to his client and failing to uphold his oath as an attorney.
To read more about this matter:
Supreme Court decision
Omaha World-Herald Article
ABA Journal Article
Not all Attorney Malpractice policies will provide coverage for the defense costs incurred by the attorney. And some polices that do provide for defense costs only reimburse is attorney is not found guilty.