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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

The Continuing Story of Morris Eisen and Legal Malpractice

Posted on April 19, 2010
Today, we continue the story of the legal malpractice law suit against the LaRossa law firm. In Landau, P.C. v LaRossa, Mitchell & Ross ;2010 NY Slip Op 50620(U) ;Decided on April 7, 2010 ;Supreme Court, New York County ;Schlesinger, J. Two interesting issues are discussed...

Everything's Changed, But the Malpractice Case Goes On

Posted on April 16, 2010
Morris Eisen was a huge figure in the personal injury law sector. As the Sun King of PI attorneys, Eisen could truthfully say "Le etat ce moi!" His firm had a full floor at the Woolworth Building, and early every morning, breakfast was served there...

Hiring, Firing and Legal Malpractice

Posted on April 15, 2010
The matter of Steinberg v. Schnapp, 2010 NY SlipOp 02991 relates the story of three lawyers, all of whom labored over a decedent's estate, and how the triumvirate fell apart. Steinberg and Schnapp were retained to handle the estate by the executor who in this case was the third attorney...

The Rare Immigration Legal Malpractice Case

Posted on April 14, 2010
Legal Malpractice and immigration cases are a rare fit. Practitioners in legal malpractice get lots of calls about immigration malpractice, but the elements and the parties rarely line up. Often if there is a good liability case, the client is no longer in the US...

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Continuous Representation in Transactional Work and Legal Malpractice

Posted on April 13, 2010
We continue from yesterday in an examination of the statute of limitations in legal malpractice. It's three years, pursuant to CPLR 214(6). It is a "bright line" rule, but it can have exceptions. Beyond the exceptions there is always a question as to when the statute begins to run...

What is Continuing Representation in Legal Malpractice?

Posted on April 12, 2010
The statute of limitations in legal malpractice in NY is three years, pursuant to CPLR 214(6). It is a "bright line" rule, and can be both harsh and unbending. There are exceptions, and there are question as to when the statute begins to run...

A Mystery in Legal Malpractice Litigation

Posted on April 09, 2010
Sometimes a court opinion sets forth a grand landscape of the facts, the law, and public policy. These cases are revered forever. They are studied in law school, and provide fodder for generations of law students. We may not remember the names of the cases, but they remain in memory as mileposts...

Transactional Work and Continuous Representation in Legal Malpractice

Posted on April 08, 2010
Today we report on a recent US District Court case, in Southern District of New York, authored by Judge Sullivan which has an excellent discussion of the traditional rule, of continuous representation, the origins of the rule and its relation to the continuous treatment concept of medical malpractice...

Questions of Judgment in Legal Malpractice

Posted on April 07, 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...

But, the other guy said...

Posted on April 06, 2010
Clients depend on attorneys to advise them on the law. Quick, what do you know about usury? Do you know enough competently to advise a client, or just enough to get yourself into trouble? Here is a legal malpractice story about the later...

The Associate Leaves, but the Legal Malpractice Case Continues

Posted on April 05, 2010
Associate is hired and assigned to a case. A mistake of malpractice proportions takes place, and the associate leaves to form his own firm. He takes the case with him, and is alleged to have made more mistakes of malpractice proportion. Is the Original law firm still responsible?" in this case, yes...

Are Legal Malpractice Cases Disfavored by the Courts?

Posted on April 02, 2010
We've discussed whether courts disfavor law suits against attorneys in the past. It sometimes appears that Courts are more willing to grant CPLR 3211 (a)(1) motions for attorneys than for the general run of cases. While all agree that the "case within a case" presents unique barriers to litigation, one must remember the human factor too...

Plaintiff's Attorney Becomes Third Party Defendant in Legal Malpractice

Posted on April 01, 2010
Continuing our discussion of Decker v. Nagel Rice LLC, 09 Civ. 9878 from yesterday, we see the proposed plaintiff's attorney, Mr. Lowy, being denied admission pro haec vice. One reason for the denial by judge Scheindlin was the Advocate-Witness Rule...

Multi-National Multi-Attorney Legal Malpractice Case

Posted on March 31, 2010
An Ski-Train fire killed 155 people in Kaprun, Austria and left twelve survivors. American and foreign survivors and relatives brought multiple lawsuits in federal court called "In re Ski Train Litigation"). That case went through some permutations, was certified as a class action, then partially de-certified and in the end, the foreign plaintiff cases were dismissed...

The Borrowowing Statute in Legal Malpractice

Posted on March 30, 2010
When a tort is committed outside of New York and a non-resident sues within the State of New York, courts apply the borrowing statute, especially with regard to the statute of limitations. As an example, Kat House Prods., LLC v Paul, Hastings, Janofsky & Walker, LLP ; 2010 NY Slip Op 02489 ; Decided on March 25, 2010 ; Appellate Division, First Department reminds us that although the NY statute of limitations is 3 years, the California statute of limitations for legal malpractice is only 1 year...

The Borrowing Statute in Legal Malpractice

A View from the Other Side in Legal Malpractice

Posted on March 29, 2010
We often present cases here from the plaintiff's point of view. Here is a case by attorney v. insurance broker over the purchase of "nose" insurance [the opposite of tail insurance. The attorney wanted to procure "a policy, covering all acts of malpractice prior to the effective date of the policy, irrespective of the date such acts occurred, and irrespective of the date the claim stemming from such acts of malpractice is first interposed...

Plagerism and Legal Malpractice?

Posted on March 26, 2010
Plagerism is the act of appropriating the intelectual property of others and passing the material off as one's own creation [Webster, 2009] is a subject we thought was left behind in school. Really, all one needs to do is use a pair of quotation marks and a few words which say that we were clever enough to find someone else's better composition...

Plagiarism and Legal Malpractice?

Posted on March 26, 2010
Plagiarism is the act of appropriating the intellectual property of others and passing the material off as one's own creation [Webster, 2009] is a subject we thought was left behind in school. Really, all one needs to do is use a pair of quotation marks and a few words which say that we were clever enough to find someone else's better composition...

Continuous Representation in Legal Malpractice

Posted on March 25, 2010
The decision in International Electron Devices (usa) LLC v Menter, Rudin & Trivelpiece, P.C. 2010 NY Slip Op 02343 ; Decided on March 19, 2010 ;Appellate Division, Fourth Department is not groundbreaking, but it is illustrious of what sometimes appears to be unwarranted deference to target attorneys on the question of the statute of limitations...

Hindsight in Legal Malpractice Litigation

Posted on March 24, 2010
Humans have fingers, and are willing to point with them. Looking back over events and apportioning blame is not particularly limited to legal malpractice questions, but seems to be very prevalent there. Here, in Sklover & Donath, LLC v Eber-Schmid ; 2010 NY Slip Op 02002 Decided on March 16, 2010 ; Appellate Division, First Department the justices borrow from an unidentified law review article to state that hindsight is "an unreliable test for determining the past existence of legal malpractice" (Darby & Darby v VSI Intl...

A Primer in Jurisdiction and Account Stated

Posted on March 23, 2010
Client from outside New York is sued in Federal Court in New York. Client hires a NY attorney, and then the case shifts focus to a London Arbitration. When does the billing in NY end, when does the London case take over, and what happens when there is a billing dispute later? Justice Edmead's decision in Eaton & Van Winkle LLP v...

Fraud and Avoidance of Fees in California and New York

Posted on March 22, 2010
In today's NYLJ article by Drew Combs we see the interim outcome we see the basic outline of the attorney-client relationship gone bad. "A California venture capitalist who has admitted to bribing New York state pension officials has sued Gibson Dunn & Crutcher over $1...

So, a plane crashed into your house? Is it Legal Malpractice?

Posted on March 19, 2010
This story about a Kentucky case comes from the Legal Profession Blog. "A high school English teacher was sitting in her living room when a small plane hit the roof of the second story of her home. She suffered no direct physical injury but went into a state of shock, which led to health problems...

Hodgepodge of Pro-Se Legal Malpractice Claims

Posted on March 18, 2010
As further proof of the wide-ranging nature of legal malpractice litigation, we see in D'Elia v. D'Amico & Associates , 2010 NY Slip Op 30545, Supreme Court, Nassau County, J. McCarty a plaintiff who has claims against the target attorneys for estate matters for two relatives as well as in the purchase of a house...

Holland & Knight and a Mullit-Millions Legal Malpractice Law Suit

Posted on March 17, 2010
We're not sure how to value this legal malpractice law suit reported in Law.Com in a story by Julia Kay. It's not simply a $ 168 Million claim, it's a class action case too. "A Sarasota, Fla., judge dismissed some counts but let stand malpractice and breach of fiduciary duty charges in a lawsuit filed against Holland & Knight by the receiver in a $168 million Ponzi scheme...

Judges and Potential Judges bring Legal Malpractice Case

Posted on March 16, 2010
Legal Malpractice cases arise from any number of interesting underlaying matters. In Shawandya L. Simpson v. Bernard M. Alter and Diana A. Johnson, the legal malpractice case alleges breach of fiduciary duty, conflict of interest, legal malpractice and wrongful disclosure of information...

Errors of Judgment Defense in the Second Circuit

Posted on March 15, 2010
One rule that we think distinguishes legal malpractice from all other areas of the law (with the possible exception of medical malpractice) is the question of judgment and how it might insulate the practitioner from claims of negligence. Here, in MARK A...

Victory and Appellate Defeat in Legal Malpractice

Posted on March 12, 2010
The Appellate Decision in Steven Von Duerring, v. Hession & Bekoff, is so sparse that one has absolutely no idea what the case is about. When we turn to the Supreme Court case from which the appeal emanates we see that it is a legal malpractice arising out of a claim that "they were negligently represented by defendants in the failed purchase of a house to be constructed on plaintiff's behalf by third parties (sellers)...

The All Inclusive Arbitration Clause in Legal Malpractice

Posted on March 11, 2010
If thing go wrong, sue the attorney! It's a familiar meme, yet there are more and more arbitration clauses found in retainer agreements, especially media representations and patent law. On the one hand, in NYS there are the mandatory fee dispute arbitrations, but that is now what we are thinking about...

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