Home -> Law Blog Directory -> Legal Malpractice Blogs -> New York Attorney Malpractice Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Malpractice
: New York Attorney Malpractice BlogNo Harm, No Foul in Legal Malpractice
By (Andrew Lavoott Bluestone)
Thoroughly investigate any human endeavor, and error can be found. Legal malpractice law holds that one must demonstrate that "but for" the attorney's error, there would have been a better or different result. This case, Cohen v Weitzner ,2008 NY Slip Op 00618 ,Decided on January 31, 2008 .Appellate Division, First Department illustrates the rule:
"Plaintiffs allege that the settlement required them to pay more in taxes than they had anticipated based on a spreadsheet prepared for them by defendants in which, due to a typographical error, their tax liability for the year 2000 was understated by $121,000, and that they have been damaged in that amount by defendants' misrepresentation. However, plaintiffs' tax liability was correctly reflected in the returns they filed before retaining defendants and entering into the settlement agreement. In any event, their tax liability was not the subject of the negotiations with the IRS. Thus, plaintiffs fail to allege how defendants' error damaged them (see Lama Holding Co. v Smith Barney, 88 NY2d 413, 421-422 [1996]; Zarin v Reid & Priest, 184 AD2d 385, 386-387 [1992]). Further, as defendants were retained to try to obtain a reduction in the penalties assessed against plaintiffs, and they succeeded, there can be no claim
that they breached a duty to plaintiffs (see generally Dweck Law Firm v Mann, 283 AD2d 292, 293 [2001]). "
Full post as published by New York Attorney Malpractice Blog on February 05, 2008 (boomark / email).
National Practitioner Data Bank Fact
NPDB identifies unprofessional healthcare practitioners
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Gallbladder Surgery Errors Damage Bile Duct
X-ray Procedures Can Reduce Gall Bladder Surgery Error Rates
Legal Forms
Business and Commercial Legal Forms
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
Legal Malpractice
legal malpractice lawsuits.
Jury Awards $1.8 Million in Legal Malpractice Suit
Jury Awards $1.8 Million in Legal Malpractice Suit
Accounting Malpractice - Accountant Malpractice, Accounting Malpractice Lawsuit
Accounting Malpractice alleging financial malpractice by accountants.
Duragesic Pain Patch
alleging harm from defective pain patches.
Birthing Malpractice
Kaiser Permanente pays $3.2 million medical malpractice settlement.
Alabama Restaurant Association Hires Legal Council to Help Members Damaged by BP Oil Spill
Alabama Restaurant Association Hires Legal Council to Help Members Damaged by BP Oil Spill>

Milberg Weiss Prosecution: Harm, Foul
No Harm, No Foul: China Wins Trade Dispute on Paper Exports
No Harm, No Foul: Reconceptualizing Free Speech Via Tort Law
Magna Bank Finishes Presenting Evidence in Legal Malpractice Lawsuit








