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Legal Malpractice

New York Attorney Malpractice Blog

Legal Malpractice Attorney & Lawyer
By Andrew Bluestone

Post Frequency: 9.8/day

Last Entry: April 01, 2011 at 06:03:18

Its Not Legal Malpractice or Attorney Fees, But the Priniciple is the Samem

Posted on July 13, 2010
Justice Goodman of Supreme Court, New York County has a caseload full of legal malpractice cases. Here is an accounting malpractice case coming as a counterclaim for accounting fees, but the idea is just the same. In Perelson Weiner, LLP v Allison 06/29/2010 Supreme Court, New York County, Goodman, J...

Judgment and Legal Malpractice

Posted on July 12, 2010
LOK PRAKASHAN, LTD. -v.- RALPH A. BERMAN, DAVIDOFF MALITO & HUTCHER, LLP, No. 09-0136-cv; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 22988 is an example of the Court's continued romance with the concept that litigation is an art and not a science...

Attorney Fees, Termination for Cause and Legal Malpractice

Posted on July 09, 2010
Fees and Attorneys seem to be a dyad that never stops recurring. More correctly put, disputes about fees and attorneys have been here forever. we're certain that the bible contains some commentary, and we do know that Abraham Lincoln had attorney fee cases in his docket...

Winning the Legal Malpractice Case, Losing the War

Posted on July 08, 2010
In this most simple of legal malpractice cases, plaintiff was the victim of a rear-end Motor Vehicle accident. She retained attorney who failed to bring the action within the statute of limitations. Plaintiff sues attorney and settles for $ 50,000...

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Legal Malpractice in Russia and Here

Posted on July 07, 2010
One theme of this blog is that where ever attorneys represent clients [all over] there will be legal malpractice claims. GUS Consulting GMBH v Chadbourne & Parke LLP ;2010 NY Slip Op 05672 ;Decided on June 24, 2010 ;Appellate Division, First Department is a prime example...

Is 30 Hours Enough Time for Legal Malpractice

Posted on July 06, 2010
A common and recognized mistake resulting in legal malpractice is the double use of an index number. in Wilk v Lewis & Lewis, P.C. ;2010 NY Slip Op 05897 ;Decided on July 2, 2010 ;Appellate Division, Fourth Department the index number came from an earl er pre-complaint discovery motion...

Bankruptcy, Standing and Legal Malpractice

Posted on July 02, 2010
What partners will do to each other continues to amaze. here, in Rock City Sound, Inc. v Bashian & Farber, LLP ;2010 NY Slip Op 05533 ;Decided on June 22, 2010 ;Appellate Division, Second Department. here, "A dispute arose between Kalish and Lindsay as to the Established Value of Kalish's shares, and in August 2004 Kalish commenced an action against Lindsay (hereinafter the Kalish action)...

Is This Another Version of "Settlement Satisfaction" in Legal Malpractice?

Posted on July 01, 2010
Boone v Bender ;2010 NY Slip Op 05497 ;Decided on June 22, 2010 ;Appellate Division, Second Department is a matrimonial legal malpractice case. The Appellate Division decision does not shed much light on the allegations in the complaint. Often, matrimonial legal malpractice cases rest on failures in investigation of the other spouses' finances, in failures to seek pendente lite relief, in the failure to obtain maintenance, and in one variety of capitulation concerning equitable distribution...

When is a Lawyer a Lawyer for Privilege or Legal Malpractice Purposes?

Posted on June 30, 2010
The recent decision in Gucci America Inc. v. Guess? Inc., doesn't answer the legal malpractice question, but it does answer the privilege question. Here's the back story from Noeleen Walder at the New York Law Journal: "Mr. Moss, a graduate of Fordham University School of Law, passed the California bar exam in 1993 but went on inactive status three years later...

A Case Continues in Legal Malpractice

Posted on June 29, 2010
In 601 Realty Corp. v Conway, Farrell, Curtin & Kelly, P.C. ;2010 NY Slip Op 05538 ;Decided on June 22, 2010 ;Appellate Division, Second Department we see the case continuing, with some rough edges removed. Conway Farrell used to be a big legal malpractice defense firm, until it split off...

Can Incorrect Explanation of the Contents of Documents be Legal Malpractice?

Posted on June 28, 2010
The answer is yes, it can. in Kram Knarf, LLC v Djonovic ;2010 NY Slip Op 05464 ;Decided on June 22, 2010 ;Appellate Division, First Department we see the following explanation: "Accepting the facts alleged in the complaint as true and according plaintiffs the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we agree that the allegations that defendant attorneys negligently gave their plaintiff clients an incorrect explanation of the contents of legal documents in connection with a property acquisition sufficiently states a legal malpractice claim against them (see Arnav Indus...

Breach of Fiduciary Duty and Duplicity in Legal Malpractice

Posted on June 25, 2010
In legal malpractice litigation there is a holy triumvirate of causes of action. In general, they are ranked in this order: legal malpractice, breach of fiduciary duty, and breach of contract. There is a well known principal that if duplicative, there must be dismissal of some of these causes of action...

Aiding and Abetting a Breach of Fiduciary Duty Lawsuit

Posted on June 24, 2010
Today's New York Law Journal reports as news, and the Appellate Division, First Department reports as law a decision in McCagg v Schulte Roth & Zabel LLP ;2010 NY Slip Op 05463 Decided on June 22, 2010 ;Appellate Division, First Department an unusual case in which it is alleged that a law firm aided and abetted a breach of fiduciary duty...

Attorneys Change Firms...How Does tha Affect the Client in Legal Malpractice?

Posted on June 23, 2010
The Law sites are consistently filled with stories of partners leaving firm A for firm B, and sometimes taking assoicates with them. Law firms fold and are re-cast as new firms. How does this restelss movement affect legal malpractice clients? In The New Kayak Pool Corp...

21 Years of Legal Malpractice Litigation

Posted on June 22, 2010
This legal malpractice case has been active for 21 years, and dates from the Club dominated 1980's. Plaintiff is a model-actor-club owner who has had a $ 1.25 million judgment from what is described as an accident. "In December 1988, non-party David W...

Game Changer in Estate Legal Malpractice

Posted on June 21, 2010
It's usually the Court of Appeals which issues a game changing decision, which sets stare decisis on its ear. From time immemorial, the question of privity has predominated the estate legal malpractice area. In essence, is the estate in privity with the attorney who set up the estate? Mostly the answer was no...

Questions of Fact in a Med Mal/Legal Malpractice Case

Posted on June 17, 2010
We think the legal malpractice after a medical malpractice case is amongst the most difficult. In order to proceed, the attorney must be well versed in both fields, and must understand the psychological set up necessary to succeed. In our view, the psychological set up is that most courts are wary of medical malpractice cases, and even more wary of legal malpractice cases...

Fallout from the Marc Drier Episode in a Legal Malpractice Setting

Posted on June 17, 2010
From the NYLJ on 6/16/10 by Nate Raymond: "Dechert Loses Bid to Dismiss Suit Over Letter Used by Dreier." The case is Fortress Credit Corp. v. Dechert LLP, 603819/2009 "Dechert has lost a motion to dismiss Fortress Investment Group LLC's $50 million lawsuit over the law firm's issuance of an "utterly false legal opinion letter" that ex-attorney Marc S...

Pro-se on both sides, One on One in Legal Malpractice

Posted on June 16, 2010
. Defendants sometimes say that a legal malpractice case is a grudge match, or a lawsuit based solely upon pique. Sometimes it is true, and the legal malpractice law suit serves as the last act of a badly ended attorney-client relationship...

When is an Apparent Conflict Not Enough for Legal Malpractice

Posted on June 15, 2010
Attorney represents X and then later represents X's opponent in litigation. Aside from the fact that the opponent is X's mother, when does such representation cause a conflict and legal malpractice? We see in Benaquista v Burke ;2010 NY Slip Op 04896 ;Decided on June 10, 2010 Appellate Division, Third Department that there is no per se rule...

Life Estate Ended, Legal Malpractice Dismissal Reversed

Posted on June 14, 2010
Attorney and law firm arrange a house sale from plaintiff to defendant in which the sale price is well below market, and plaintiff retains a life estate in the house. At closing, everything starts to go wrong. Seller is persuaded to take a mortgage, and the attorney agrees to file the mortgage as well as the life estate...

Suspended Attorney is Still Due Fees

Posted on June 11, 2010
In an unusual procedural setting, a suspended attorney's request for contingent legal fees in a medical malpractice action was denied by Justice Joan Carey, and then vacated by Justice Alice Schlesinger. in Warren v Del Principio 06/02/2010 Other Courts...

Center of Gravity in Legal Malpractice

Posted on June 10, 2010
Details, Details! Is this a Connecticut or a New York Case? Is there standing or not? Who has the right to sue the attorneys? in JP MORGAN CHASE BANK, N.A., -against- LAW OFFICE OF ROBERT JAY GUMENICK, P.C., ET AL.,08 Civ...

Mortgages, Imposters and Legal Malpractice

Posted on June 09, 2010
Perhaps its the economic downturn, perhaps just a coincidence, but we have heard of three "imposter" closing scenarios recently. Here is one that stands out. In Layton v Layton 06/04/2010 Other Courts 2010 NYSlipOp 31381(U) wife and husband are divorcing, and the marital house is to go to the wife...

Judiciary Law 487 Article in the New York Law Journal

Posted on June 08, 2010
We're proud to announce that the New York Law Journal today published an article about Judiciary Law 487.entitled An Explosion of Developments in Judiciary Law 487 "Legal concepts change by evolution and revolution. Evolution is the most familiar process in legal scholarship...

Indemnification and Third-Party Practice in Legal Malpractice

Posted on June 07, 2010
Justice March Friedman, of Supreme Court, New York County recently decided Tanger v Ferrer 2010 NYSlipOp 31355(U) in which the third-party claim between attorneys was that DLA Piper, US LLP owed a duty to Eaton & Van Winkle LLP after plaintiff sued Ferrer and Eaton for legal malpractice...

Legal Malpractice Dismissal Reversed in Toto

Posted on June 04, 2010
Is legal malpractice litigation held to a higher standard? Are there more motions to dismiss the complaint granted against legal malpractice complaints than against the rest of the law-o-sphere? We have no hard figures, but anecdotal evidence suggests that legal malpractice is held to a higher standard...

A Last Attempt for a Legal Malpractice Plaintiff

Posted on June 03, 2010
Its a most unusual case, and one rarely sees a law firm in Bankruptcy. IN RE: THE LAW FIRM OF FRANK R. BAYGER, P.C., Debtor.09-CV-735A;UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK;2010 U.S. Dist. LEXIS 51537;May 24, 2010, illustrates how tenacious a legal malpractice plaintiff may be...

A Tangled Real Estate Web and Legal Malpractice

Posted on June 02, 2010
Reading the decision in a case like this requires both a score card and a play diagram. In LZG Realty LLC v H.D.W. 2005 Forest LLC ;2010 NY Slip Op 50958(U) ; Decided on May 28, 2010 Supreme Court, Richmond County ; McMahon, J. a series of real estate transactions led to mortgages, foreclosure and charges of professional negligence and fraud...

Dismissal and Reversal in Legal Malpractice

Posted on June 01, 2010
In Reiver v Burkhart Wexler & Hirschberg, LLP ; 2010 NY Slip Op 04565 ; Decided on May 25, 2010 ; Appellate Division, Second Department we see the Appellate Division reversing dismissal of a legal malpractice action under CPLR 3211. The rules of CPLR 3211 motions are as well known to the parties and the Court...

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