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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 Non-Existant Discovery Statute of Limitations in Legal Malpractice

Posted on February 18, 2011
How often it happens that plaintiff learns of mistakes his prior counsel made, but only years later. Years is the operative word here, as the statute of limitations for legal malpractice is 3 years. So what happens when the attorney lets plaintiff's claim lapse, more than three years goes by, and plaintiff then learns of it? Plaintiff loses...

If a Lawyer is not doing Lawyer's Work, is it Legal Malpractice?

Posted on February 17, 2011
In this particular case it is a mortgage broker's work, and the attorney may not get (or keep) legal fees for the work. In Patricia Dell'Olio, Claimant v. Law Office of Charles S. Spinardi P.C., Defendant, SCR 1199/10; Civil Court, Richmond County; we see on way in which an attorney who is doing transactional work is re-case as an unlicensed mortgage broker and required to return legal fees...

The Wrong Client and Legal Malpractice

Posted on February 16, 2011
Client selection is a fine art, and one in which every attorney must apprentice. Select the right client - with a good cause of action and of a sane temperament - and all may go well. Select the wrong client, and a world of abuse and possibly legal malpractice litigation may follow...

What is an Account Stated in New York?

Posted on February 15, 2011
Billing disputes between attorneys and clients fuel the legal malpractice cycle. Attorney seeks to enforce a bill, client responds with a legal malpractice claim, and the litigation clock starts. Each side seeks and looks for shortcuts, or checkmates...

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Account Stated, Legal Malpractice and Termination without Cause in the Southern District

Posted on February 14, 2011
Magistrate Judge James C. Francis writes in Brooks Banker, v.Esperanza Health Systems, Ltd., 05 Civ. 4115 (DAB) (JCF): "Brooks Banker, an attorney, brings this action against the defendants, his former clients, for unpaid fees...

We have the Check, But We Didn't Deposit it...Legal Malpractice?

Posted on February 11, 2011
Clients often believe that their attorney was "bought off" and sometimes stretch the facts to fit a conspiracy theory. Most of the time there is simply no institutional way that "buying off" could even have happened. Sometimes we are non-plussed at the actions of attorneys...

Legal Malpractice Cases With Some Well Known Names

Posted on February 10, 2011
The Redskins! 6 Flags! Cadwalader, Wickersham & Taft ! Legal malpractice cases do not get much higher visibility than this case. Nate Raymond of the The New York Law Journal reports that "Redskins owner Daniel Snyder has sued Cadwalader, Wickersham & Taft for $13 million over advice it gave on an investment bank's fee during a proxy fight at Six Flags Inc...

Apartment Finances Disasterous...Is it the Attorney's Fault?

Posted on February 09, 2011
Real Estate commerce is a big time sport in New York, and in Manhattan might be considered a lifestyle unto itself. The buying and selling of cooperative and condominium apartments goes on in an endless swirl, good or bad economic times notwithstanding...

Why is this Legal Malpractice Case in Bankruptcy Court?

Posted on February 08, 2011
Plaintiff is a corporation,and it files a Chapter 11 petition. It then brings a traditional legal malpractice action in state court. Plaintiff commences the action against Defendant DLA Piper LLP and then itself removes the case to US District Court...

How Often is Bankruptcy an After Effect of Legal Malpractice?

Posted on February 07, 2011
There are a large number of cases in which plaintiff loses the capacity to sue a prior attorney in legal malpractice because in the interim, plaintiff has filed for bankruptcy. Any claim, even inchoate, that a petitioner in bankruptcy has at the time of filing a Chapter 7, becomes part of the bankrupt's estate and hence may be administered by the Trustee...

Reject a Client and Avoid Legal Malpractice

Posted on February 04, 2011
This case sheds a light on how personal injury firms get, evaluate and reject clients.  Likely unknown to the public, PI and Med Mal firms often "take" a case by having a Blumberg retainer signed which might have the language "for investigation" or "for medical records" or some other modifier...

A Highly Technical Partial Dismissal in Legal Malpractice

Posted on February 03, 2011
Large scale legal malpractice cases (greater than $ 10 Million dollars) often engender highly technical motion practice. Here, in Ableco Fin. LLC v Hilson ;2011 NY Slip Op 00566 ;Decided on February 1, 2011 ;Appellate Division, First Department we see the aftermath of a bankruptcy - reorganization - take over gone bad...

When is a Release Really Good?

Posted on February 02, 2011
Transactional attorney engaged in lending deals gets a release from the parties. Of course, litigation between the parties ensues, and the attorneys get roped in. When and under what circumstances is the release good? Does there have to be consideration from the attorney to the parties? Must it be a real exchange of $$ ? in Seaview Mezzanine Fund, LP v Lopresti ;2011 NY Slip Op 30102(U);;January 14, 2011;n Supreme Court, New York County; Docket Number: 105540/2009; Judge: Louis B...

A Previous Appeal, A Retaining Lien and Dismissal in Legal Malpractice

Posted on February 01, 2011
Here is a short, pungent and dispositive decision by the Appellate Division, Second Department in Zito v Fischbein Badillo Wagner Harding ; 2011 NY Slip Op 00285 ; Decided on January 20, 2011 Appellate Division, First Department. We've seen a "charging lien" utilized as res judicata against a subsequent legal malpractice case, but the use of a "retaining lien" is much more rare...

What is the Statute of Limitiations in Legal Malpractice?

Posted on January 31, 2011
The question of whether there is a different statute of limitations for fraud or breach of contact when dealing with attorneys often arises. After all, it is a 6 year statute everywhere, is it not? The short answer is "no" and the longer answer is that the legislature gave attorneys special protection...

How Much Can You Get Away With in Legal Malpractice

Posted on January 28, 2011
This disciplinary proceedings makes for a shocking read. This attorney went from a successful practice, to a legal malpractice claim, to a huge judgment against him in Federal Court, to the twists and turns which led to incarceration. Why? Because of a lie in a resume...

Twice Reversed and Continuing in Legal Malpractice

Posted on January 27, 2011
Cruciata v Mainiero ;2011 NY Slip Op 50066(U) ;Decided on January 14, 2011 ;Supreme Court, New York County ;James, J. is a very interesting example of the premise that if you keep showing up and keep at it, a better result may very well follow. In this case, a matrimonial action, plaintiff was awarded a divorce and some equitable distribution after a settlement...

The End of a Very Sad Legal Malpractice Story

Posted on January 26, 2011
Client is misdiagnosed with breast cancer. Typically the misdiagnosis is that the doctor missed the cancer. Here it was the opposite. The doctor is alleged to have found a false positive diagnosis. Ms. Kremen underwent unnecessary bilateral mastectomy...

Where is the Correct Venue in Legal Malpractice?

Posted on January 25, 2011
Venue is the "where" of legal malpractice's five W's. Venue is determined by who is bringing the action, what the cause of action consists of, How is venue determined. In NY jurisprudence the short answer for most cases is where one of the parties resides...

Attornes Sued, but not in Legal Malpractice

Posted on January 24, 2011
Attorney being sued in legal malpractice - not a big story. Attorney settling and paying $ 25 Million in malicious prosecution ? Big story. Here is the enormous settlement story from Brian Baxter of the New York Law Journal.. "Ending 13 years of litigation, Manatt, Phelps & Phillips has agreed to pay $25 million in damages to Los Angeles businessman Stewart Resnick and his wife, Lynda, in a case that began over trademark and advertising claims related to the late Diana Spencer, Princess of Wales...

Today's Legal Malpractice Article in the New York Law Journal

Posted on January 24, 2011
We're proud to announce that our article "Legal Malpractice, Retaining and Charging Liens" was published in today's New York Law Journal. It's about the issue most close to the hearts of attorneys, fees. What happens at the end of the attorney-client relationship and how are fees worked out? Read on...

Attorneys Sued, but not in Legal Malpractice

Two Out of Three Isn't Sufficient in Legal Malpractice

Posted on January 21, 2011
Legal malpractice counterclaims face an uphill battle in attorney fee cases, and Schulte Roth & Zabel, LLP v Kassover ; 2011 NY Slip Op 00267 ; Decided on January 20, 2011 ; Appellate Division, First Department is no exception. The law firm represented defendants and worked up a $ 500,000 + bill...

Breach of Fiduciary Duty in the Legal Malpractice and Life Insurance Arena

Posted on January 20, 2011
Attorney is retained by plaintiff to prepare a commercial and corporate agreement between plaintiff and a commercial suitor. In the end, plaintiff claims, attorney took a look at plaintiff's niche business, then formed its own spin-off company to compete...

Shocking Lapses in a Real Estate Legal Malpractice Case

Posted on January 19, 2011
Purchasers of real property should have bullet-proof protection on title and the conditions of sale. There are any number of good, competent attorneys who are ready to handle a real estate buy-sell and to get the appropriate title search, survey and whatever else is necessary to ensure that the buyer gets what the bargain requires...

An Endless Conflict: Attorney Fees and Malpractice

Posted on January 18, 2011
Attorney fees are an endless source of conflict. They have always been an endless source of conflict. We faintly remember from high school that Abraham Lincoln was involved in attorney fee litigation. Today is no exception. inLanda v Blocker ;2011 NY Slip Op 00191 ;Decided on January 11, 2011 ;Appellate Division, Second Department we see attorney fees in the matrimonial law arena...

Bankruptcy and Malpractice: Piling On?

Posted on January 17, 2011
Client suffers injury, client suffers (same or different) financial stresses and filed a petition in bankruptcy. Effect is that client loses claim of injury to the bankruptcy estate, and may no longer bring the action. Eventually, client is discharged in bankruptcy and sues the professional...

An Unusual Breach of Fiduciary Duty, But no Legal Malpractice

Posted on January 14, 2011
Typically a claim of breach of fiduciary duty involving an attorney will be an afterthought, or an alternative pleading, sometimes a duplicitive one, sometimes an independent cause of action. Rarely does it stand alone. Here, an attorney is accused of aiding a ponzi scheme, and really big numbers are involved...

When is A Legal Malpractice Case Ripe?

Posted on January 13, 2011
Ripeness in legal terms means that a dispute is so fully developed that a court might determine the rights and liabilities of the parties. This issue arises in legal malpractice settings because the underlying case (the case within a case) is not always finished or fully litigated...

A Huge Real Estate and Legal Malpractice Problem

Posted on January 12, 2011
Partnerships and LLCs, real estate and plans to make a lot of money often unravel, and do so in messy ways. Here, in Shapsis v Kogan ; 2011 NY Slip Op 50014(U) ; Decided on January 7, 2011 Supreme Court, Kings County ; Demarest, J. we see the tail end of the proceedings, after a US District Court case and personal injury cases have concluded...

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