Legal Malpractice

A Car Case, Some Mistakes, Legal Malpractice

By (Andrew Lavoott Bluestone)

An interesting phenomenon in legal malpractice is the persistence of errors in a long series of otherwise isolated incidents.  DiGiacomo v Levine ;2010 NY Slip Op 06566 ; Decided on September 14, 2010 ; Appellate Division, Second Department illustrates how this hoppers.
 

Auto accident takes place and clients hire attorney 1.  Attorney 1 is said to have sued the driver but not the owner.  This is significant as owner has otherwise unlimited coverage.  Some time later Attorney 1 is relieved by Court.  Clients hire  attorney 2 to appear for them, sort of as a per diem.  Per diem does not show up in court, yet case is adjourned once.  On adjourned date case is dismissed.

Client hires attorney 3 to move to vacate the dismissal, and attorney 3 is said (by AD) not to have filed an affidavit of merits in the motion to vacate.  Legal malpractice follows.

As might be expected, too much time has passed to sue attorney 1.  Attorney 1 is dismissed.  Too little evidence that Attorney 2 was actually hired, or agreed to be retained.  Since case was adjourned and not immediately dismissed, Attorney 2 is dismissed.

Attorney 3 still in the case (contrary to the lower court's dismissal) because no affidavit of merits was filed.  Legal malpractice case continues.

Full post as published by New York Attorney Malpractice Blog on September 17, 2010 (boomark / email).