Domina Law Group's Select Legal Malpractice Cases

David Domina heads the Firm’s legal malpractice section. He has handled many professional negligence claims against lawyers and has testified as an expert witness in legal malpractice cases. Mr. Domina’s work with professional negligence stems from his service to the State of Nebraska as Acting Attorney General in connection with the 1984 impeachment of the State’s incumbent Attorney General, and subsequent criminal proceedings against him.

In 2009, a receiver for the Securities Exchange Commission selected Domina to handle legal malpractice claims arising from securities fraud violations under investigation against a Midwestern Securities licensee. Other professional negligence claims have taken Domina Law Group’s work from border to border – Arizona to Michigan, with legal malpractice concerns having been addressed by Mr. Domina and the Firm in nearly a dozen states.

Here is a look at a few of Domina Law Group’s select legal malpractice cases:

• Bellino v. McGrath North - 274 Neb. 130, 738 N.W.2d 434 (2007)
  • The Bellino decision firmly established the elements of proof, and the standard of care applicable to law firms providing advice in business litigation settings, and involving separations between owners of closely held ventures.
• State v. Douglas - 217 Neb. 199, 349 N.W.2d 870 (1984)
  • By a 4-3 vote, with 5 required to convict, the Supreme Court acquitted the Nebraska Attorney General on articles of impeachment as a result of an investigation conducted by Mr. Domina. Widespread dissatisfaction with the outcome led to Constitutional amendments in Nebraska. Domina’s role as chief investigator, and a major witness in the case provided precedent in the previously unconsidered area of the role of the Rules of Professional Conduct in connection with the impeachment of state Constitutional legal officers.
• Carpenter v. Cullan - 254 Neb. 925, 581 N.W.2d 72 (1998)
  • Carpenter established the application of the elements of proof to the duty to investigate, and the role of causation in tort litigation handled, or mishandled, by a lawyer.

Several of Domina Law Group’s legal malpractice cases have successfully settled for our clients - often on the courthouse steps the morning of Trial.