Legal Malpractice

How Does Legal Malpractice Happen?

By (Andrew Lavoott Bluestone)

Attorneys care about their clients.  Attorneys work hard and have reasons to perform good work.  Attorneys make mistakes, and have high case loads.  Attorneys have their own interests at heart. 

These are contradictory thoughts that cannot be reconciled.  Here, in the story of Richard F. Gluszak we see some of the contradictory story-lines.  "The Grievance Committee received a complaint from the Honorable Ira Warshawsky of the Supreme Court, Nassau County involving a default judgment taken against the respondent based upon his failure to answer a summons and complaint in the matter entitled Quarta v Gluszak, commenced in the Supreme Court, Nassau County, under Index No. 4427/08. The action alleged that the respondent diverted money from a client via a business credit link and that he failed to produce certain documents as mandated by a order of the Supreme Court, Nassau County, dated June 11, 2008. The complaint was based on a order of the Supreme Court, Nassau County, dated April 9, 2009, which found that the plaintiffs were entitled to judgment on their causes of action for professional malpractice and diversion of funds."

"The Grievance Committee received a complaint from Richard Ferris, dated May 27, 2009, alleging that the respondent claimed to be unable to return proceeds from a house sale he had deposited into his IOLA account. By letter dated June 19, 2009, sent to the address the respondent had listed with OCA, the Grievance Committee requested a copy of the respondent's answer within 10 days and advised that an unexcused failure to reply constituted professional misconduct independent of the merits."

"The Grievance Committee received a complaint from Patricia Hodelin, dated December 18, 2009, alleging that the respondent misappropriated funds held in escrow for her and her late husband, and that he misappropriated funds entrusted to him by the Estate of Vernon Hodelin. "

"Although personally served with both the petition and the order to show cause on July 29, 2010, the respondent has failed to interpose any reply."

Full post as published by New York Attorney Malpractice Blog on November 12, 2010 (boomark / email).