New York Attorney Malpractice Blog: Legal Malpractice

Home -> Law Blog Directory -> Legal Malpractice Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Will This Be the End of Legal Malpractice Litigation?

Posted on May 28, 2010
An oft repeated mistake in NY litigation, especially in NYC litigation is that of the leave to file a late notice of claim index number trap. Put in short, plaintiff successfully seeks leave to file a late notice of claim, and then, using the same index number, files a summons and complaint against the governmental entity...

International Legal Malpractice Litigation and Motion Practice

Posted on May 27, 2010
Plaintiff is a Czech national, married to a US citizen. Matrimonial litigation takes place here in NY, and an allegation is made that the husband fraudulently denied the existence of a child, avoided child support issues, and in general, lied...

A Criminal Trial, A Life Turned Upside Down, Legal Malpractice

Posted on May 26, 2010
Reported in today's NYLJ, we see the tragic story of an arrest, an attorney who does little or nothing, a conviction and a world turned upside down. Plaintiff obtains reversal and acquittal, thus demonstrating "actual innocence." Glassman v...

Wben It's Legal Malpractice or Breach of Fiduciary Duty

Posted on May 25, 2010
Sometimes one reads a decision not knowing whether the court will dismiss or not dismiss. Sometimes, the question is whether the attorney's acts amount to legal malpractice or breach of fiduciary duty. Here, the Court points out exactly how it perceives the case...

To access this complete feed in the blog feed reader login or register for free.

When It's Legal Malpractice or Breach of Fiduciary Duty

Judiciary Law 487 and the Other Guy's Lawyer

Posted on May 24, 2010
Dupree v. Vorhees, 68 AD3d 807, remains an interesting case. Traditionally this type of case has been out of bounds. For policy reasons, courts do not like suits against your adversary's attorney...they might come after every case if allowed...

Where Does the Deposition Take Place?

Posted on May 21, 2010
Depositions usually are scheduled and taken without undue turmoil. Recent changes to the rules concerning the behavior of counsel at depositions have further regulated the proceedings. Counsel may no longer make talking objections, may not direct their client not to answer, except in rare circumstances, and must be polite...

Judgment in Legal Malpractice

Posted on May 20, 2010
What is a question of judgment, what is neglect of a case and what is ignorance of the rules in legal malpractice? Sometimes this is an easy question, other times, slightly more complex. in MCCORD -v.- O'NEILL,; No. 08-3096-cv ; Summary Order; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2010 U...

The Rules for Non-Party Discovery and avoiding Legal Malpractice

Posted on May 19, 2010
One aspect of legal malpractice litigation is the failure to follow developments in the law. Rules change and not keeping up with the changes leads to mistakes, criticism and, later, litigation. The rules for non-party discovery have undergone some changes over the years, and today's decision is worth reading...

10 Years Later, a Claim in Legal Malpractice

Posted on May 18, 2010
When one reads a decision in a pro-se legal malpractice case strange facts often emerge. Aponte v. City of New York Department of Corrections et al.,09-2634-cv UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;010 U.S. App. LEXIS 9988 is no exception...

When Does it Start in Legal Malpractice?

Posted on May 17, 2010
In Berry v Utica Natl. Ins. Group ;2009 NY Slip Op 06935 ; Appellate Division, Fourth Department we see a situation in which plaintiff was suing Utica National Insurance Group and evidently there was communication between plaintiff and the defendant law firm...

Exceptions to Privity in Legal Malpractice

Posted on May 14, 2010
The general rule is that one may not sue an attorney, unless that attorney was working for you. Privity is the concept that the attorney was hired by you, and worked for you. You may not sue the other party's attorney, no matter how badly you were treated in court by that attorney...

German Jurisprudence, the Nazis and Legal Malpractice

Posted on May 13, 2010
For those who grew up in the shadow of WWII, the Nazis were a foreboding presence. The war was over for the parents, and children learned of the war, the atrocities and the aftermath. For the family in this case, Matter of Jacobsen ;2010 NY Slip Op 50816(U) ;Decided on May 10, 2010 Sur Ct, Monroe County , even in upstate NY, the war has never really ended...

That Darn Ad Damnum Clause in Legal Malpractice

Posted on May 12, 2010
Plaintiff's practitioners are caught between a rock and a hard place when deciding how much to put in the ad damnum clause. Is $ 1 Million too little or too much? these legal malpractice defendant attorneys forgot the rule that no actual amount must be pled...

The Difficulties of a Medical Malpractice - Legal Malpractice Case

Posted on May 11, 2010
We think there is no more difficult case in litigation than a legal malpractice action arising from a medical malpractice case. The issues of proximity and "but for" multiply and boggle the mind. One needs a medical expert as well as a legal expert, and while having to prove the causation in a medical malpractice case, hypothetically is difficult anyway, moving on to prove the causation in the legal malpractice portion squares rather than doubles the effort...

All your Questions on Attorney Fees and Legal Malpractice, Answered

Posted on May 10, 2010
Sometimes, the highest court in the State answers the questions, and sometimes its the lowly Civil Court. In Kushner v Eliopulos ;2010 NY Slip Op 50798(U) ;Decided on May 3, 2010 ;Civil Court Of The City Of New York, Kings County ;Fisher, J. we see a comprehensive decision setting forth all aspects of attorney-client compensation...

Problem after Problem in Legal Malpractice Litigation

Posted on May 07, 2010
It is said that problems, or bad things, come in threes. In this example, the client lost a contract action, in which he had good counterclaims, because of his attorney's failures. Plaintiff then sues the attorney, and in Benson Park Assoc...

Experts, Summary Judgment and Legal Malpractice

Posted on May 06, 2010
It is an anachronism in New York practice that there is no specific time in which to name an expert. While the 3d and 4th departments have rules that derive from case law [and not specifically, the CPLR], the 1st and 2d Departments are much looser...

An Everyday Application of Fiduciary Breach and Deceit

Posted on May 05, 2010
Here is a short decision with deep reaching consequences. In Kurman v Schnapp ;2010 NY Slip Op 03786 ;Decided on May 4, 2010 ;Appellate Division, First Department we see the deceitful act of an attorney, and the Appellate Division substituting its finding for that of Supreme Court...

Famous Songwriter, the Pullman Financing and Legal Malpractice

Posted on May 04, 2010
Lamont Dozier, author of "Baby I need your Loving" [the Four Tops], "Baby Love", "Back in my Arms Again", "Come See about Me" [The Supremes] and many many others, got snagged in the Pullman financing scheme. the Pullman Bonds...

How Can This Happen, followed by Legal Malpractice

Posted on May 03, 2010
In Macdonald v Guttman ;2010 NY Slip Op 03519 ;Decided on April 29, 2010 ;Appellate Division, Third Department one gets a whif of some questionable behavior. Plaintiff is the wife in a divorce action. A footnote to the dcision tells us of the Husbands situation: " Footnote 1:According to the complaint, Lucenti suffered from mental illness that occasionally required hospitalization, and he was alleged to have been institutionalized at a mental health facility at the time that plaintiff commenced the divorce action...

Is it Legal Malpractice When the Attorney Says, "Time's Almost Up" ?

Posted on April 30, 2010
A recurring theme in legal malpractice litigation is the law firm which takes on a case, and just days before the statute of limitations runs out, says, we don't want the case. Courts often accept this type of behavior, reasoning that if the client has a good case, there are many attorneys who would take it, and if it is not good, then "so what?" So long as there is some time left on the s/l, the attorney will be off the hook...

What Does a Plaintiff Have to Prove in a Legal Malpractice Case?

Posted on April 29, 2010
This is really the central question in legal malpractice. While the popular conception is that one needs to find the mistakes, the truth is that there are mistakes in every human endeavor. What counts in legal malpractice is the linkage to a bad outcome...

A Primer on Jury Confusion and What the Attorney Didn't do

Posted on April 28, 2010
In Martinez v Te 2010 NY Slip Op 03391 ;Decided on April 27, 2010 ;Appellate Division, First Department Catterson, J. Justice Catterson of the First Department discusses a trial gone wrong in Bronx County, and overrules Judge Wright's post trial decision...

Arbitration Clauses in Retainers and Legal Malpractice

Posted on April 27, 2010
A trend in legal malpractice retainer agreements, especially in the Intellectual Property field is the all encompassing Arbitration clause. Beyond the statutory required arbitration in attorney fee disputes below a certain dollar figure, these arbitration clauses require arbitration of all disputes, whether in tort, contract or other claims...

How Widespread Is Legal Malpractice Litigation?

Posted on April 26, 2010
Legal malpractice sometimes seems to be the language franca in law news. It can show up in any setting. Here is a most unusual story from Law.com [link unavailable]: "A legal malpractice lawsuit against Baker, Donelson, Bearman Caldwell & Berkowitz stemming from a case involving a 6-ton marble sculpture of Jesus Christ's face may proceed to trial...

Narrow Retainer leads to Dismissal in Legal Malpractice

Posted on April 23, 2010
Sometimes its obvious what responsibilities the attorney will take on in a new representation. If it's a motor vehicle accident, then the attorney is hired to prosecute the personal injury action, up to and including trial. Here, in Hallman v Kantor ;2010 NY Slip Op 03280 ;Decided on April 20, 2010 ;Appellate Division, Second Department the attorneys took on a more limited role...

Arbitrations and Collateral Estoppel in Legal Malpractice

Posted on April 22, 2010
The perennial question of whether a prior proceeding might influence a later proceedings arises again in Feinberg v. Boros, 2010 NY Slip Op 30797, by Justice Emily Jane Goodman, in Supreme Court, New York County. The legal malpractice claim arose after an arbitration between plaintiff and his former business partner, where defendants acted as Feinberg's party arbitrator and later as counsel in a law suit against the former accountants to the business...

Cleaning House in a Divorce Legal Malpractice Case

Posted on April 21, 2010
The decision in Scartozzi v Potruch 10 NY Slip Op 03102 ; decided on April 13, 2010 ; Appellate Division, Second Department is long on discussion of summary judgment standards and a little short on background, but it appears that defendants gave advice to plaintiff in her divorce proceeding to forego trying to avoid payments to the prior attorney, and failed to advice her that she could instead collect her own attorney fees...

Do Lawyers Get an Advantage in Legal Malpractice?

Posted on April 20, 2010
Sometimes we ruminate on the fact that legal malpractice law is written by attorneys, utilized against attorneys, and rulled on by attorneys. There is no way around the conundrum. In Christ v Law Offs. of William F. Levine & Michael B...

Previous | Next

Related Law Bulletins

$16 Million Jury Award for Heart Attack Death Among Largest Medical Malpractice Verdicts in Connecticut
October 3, 2007 issue of Newsday reports: "BRIDGEPORT, Conn. - A S...

Medical Malpractice: Your Case Is On The Trial Calendar-Can Defense Lawyers Talk to Your Doctor?
Your New York attorney has notified the Court that your case is re...

Should I Sue? Examining the Complex Question and the Role Apologies Play in Medical Malpractice Lawsuits
WBUR examines the medical apologies issue: On WBUR, a Boston NPR s...

Massachusetts: Medical Malpractice Statute of Repose Doesn't Apply to Fraud Claim
Massachusetts Lawyers Weekly reports that a lawsuit against a doct...

Medical Malpractice - Your Child's Been Diagnosed With Brain Damage and Cerebral Palsy
You're in labor. Your due date is tomorrow. Your contractions are ...