The U.S. Court of Appeals for the First Circuit recently upheld a district court’s ruling that a Maine law firm specializing in admiralty law had failed in its duty of care towards a former client. The firm had advised the client to settle a $267,000 maritime lien without properly examining up-to-date case law, the interpretation of which had been successfully argued by the same attorney from the firm that is currently in question. The ruling stands as a stark reminder to legal professionals across all specialties of the continued obligation to thoroughly consider recent developments in law before making firm decisions on behalf of clients. According to a review of the case, this responsibility persists, even if an attorney believes that the area of law in question had been previously settled.
Lee H. Bals, an attorney with Marcus Clegg, underlined the importance of this case. Bals, who represented the plaintiff ST Engineering Marine in a negligence suit against the law firm MacColl of Thompson, MacColl & Bass, commented on the larger implications. He brought forward the point that, to comply with the applicable law, attorneys are generally obliged to take a second look, even if they might believe the issue in question was previously settled.