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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

Are More Motions to Dismiss Filed in Legal Malpractice Cases?

Posted on March 26, 2009
We do not have firm statistics in this area, but from a general overview of litigation it seems to us that a higher percentage of legal malpractice cases are subject to motions to dismiss under CPLR 3211(a)(1) than are other types of cases. We have thought about why this might be...

Just Another Form of Legal Malpractice

Posted on March 25, 2009
In the high flown world of patent infringement, large legal fees are the norm. Here, from law.Com we see the story of $ 10 million in legal fees, all spent in a fruitless effort to enforce a patent infringement case against Palm. In the end, plaintiff paid its attorney $ 7 million plus in fees, and paid the opposing attorney $ 2...

"Helping the Competition" Legal Malpractice Dismissal Motion

Posted on March 24, 2009
We reported on this case last week; it's an example of big law legal malpractice. The general view of legal malpractice limits its reach to small cases involving personal injury and blown statutes of limitation. However, cases such as this one are huge...

Judgment In Huge Punitiive Damage Legal Malpractice Case

Posted on March 23, 2009
The principal that attorneys may not be held in legal malpractice over questions of judgment, strategies at trial and the like is given especial prominence in this case. Client is found liable for $ 7 Million in patent infringement and $20 million in punitives, for "especially reprehensible " behavior...

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Stalking, Custody, Arrest and Legal Malpractice

Posted on March 20, 2009
It's the rare case in which attorney and judge are both defendants, and the rarer case still in which allegations of stalking, habeas corpus, child custody, contempt are joined with legal malpractice. What makes this case even more unique is that it is set in Federal District Court...

After Termination, Who Keeps the Records and Who Pays

Posted on March 19, 2009
Legal Malpractice actions often start with the termination of the target attorney, and even more of them have the common aspect of take-overs by successor attorneys. What happens to the file, how does it get transferred and who pays for the transfer? This weeks decision in Moore v...

Bankruptcy Fee Awards and Legal Malpractice

Posted on March 18, 2009
We've written in the past on the collateral estoppel trap in legal malpractice. While fee arbitrations in State Court proceedings probably have the greatest absolute number of applications, bankruptcy court fee awards may well cover a greater dollar figure...

Legal Malpractice in the Real and Cinematic Worlds

Posted on March 17, 2009
Burt Pugach and Linda Riss are a staple of the blogosphere and the Page Six world. He was a lawyer who was convicted in 1959 for blinding Linda Riss by use of lye, went to jail ,came out of jail to marry her ,and then was disbarred. He was determined to have practiced law through the use of a front man-lawyer in 2008...

Legal Malpractice in One of Its Many Guises

Posted on March 16, 2009
Our meme on this blog is that Legal Malpractice litigation is ubiquitous and omnipresent. All right, what exactly does that mean? It's not just blown statutes in personal injury, and it's not just unanswered questions in matrimonial suits, and it's not even just bankruptcy trustees and ponzi schemes...

The NJ Fee Rule in Legal Malpractice

Posted on March 13, 2009
In the law, "attorney's fees are awarded..." carry awesome power. Traditionally, the American rule is that each side bears its own attorney fees unless there is an agreement or a statute which grants attorney fees to the prevailing party...

A Most Tangled Web of Legal Malpractice and Real Estate

Posted on March 12, 2009
Plaintiff owns property, plaintiff borrows money on property, plaintiff and lender reach a complicated right of first refusal agreement, lender and plaintiff enter into new lending agreements for different businesses, and then it all falls apart...

Pillsbury Winthrop Shaw Pittman and a $10 Million Legal Malpractice Settlement

Posted on March 11, 2009
We have noted the trend towards legal malpractice cases issuing out of Bankruptcy proceedings. We believe the trend arises from the greater number of large bankruptcy filings in the corporate world, and the smaller pool of assets available to the creditors...

CPLR 321 and the Statute of Limitiations In Legal Malpractice

Posted on March 10, 2009
How and when does the attorney-client relationship end? Does CPLR 321 have anything to do with calculating the date for statute of limitations purposes? Is there a bright-line rule? In this Supreme Court case Frenchman v. Queller Fisher, authored by Justice Carol Edmead, we see all sides of the arguments...

Judiciary Law 487 Targets Attorneys in Legal Malpractice

Posted on March 09, 2009
Today's Outside Counsel Column in the New York Law Journal is "The Use of Lawyer-Targeted Judiciary Law 487. It discusses the 740 year history of what may be the oldest statute in Anglo- American jurisprudence, and certainly the oldest to affect attorney conduct in and out of court...

Will This be the Future of Legal Malpractice?

Posted on March 06, 2009

Winning the Battle, Losing the War in Legal Malpractice

Posted on March 05, 2009

Deposing An Old Opponent in Legal Malpractice

Posted on March 03, 2009

A Very Rare Legal Malpractice - Defamation Insurance Case

Posted on March 02, 2009

Its not the American Rule, its the New Jersey Rule in Legal Malpractice

Posted on March 02, 2009

Has the Economy Changed the Legal Malpractice Climate?

Posted on February 27, 2009

20 Years and Counting in Legal Malpractice

Posted on February 26, 2009
This intriguing story from New Jersey has several unique aspects to it. The first is an idea alien to New York litigation and legal malpractice. This attorney was still in practice, and still representing buyers and sellers of the same residential property in the same neighborhood twenty years after the first transaction...

New Trial in Tae Bo Legal Malpractice Case

Posted on February 25, 2009
The National Law Journal reports that an Appellate Court has reversed and remanded a $30 million legal malpractice case against the law firm Seyfarth Shaw based upon issues of jury instructions. "Blanks filed a legal malpractice lawsuit against Seyfarth Shaw and Lancaster, alleging that the attorney's failure to file the action on time before the labor commissioner caused Blanks to lose millions...

Will the Economy Affect Legal Malpractice Cases?

Posted on February 24, 2009
From the National Law Journal: Legal Malpractice Cases May Surge as Economy Tanks New York Lawyer February 23, 2009 Reprints & Permissions By Karen Sloan The National Law Journal Subscribe to The National Law Journal - 30 Days Free! With the economy tanking, experts say the stage is set for a surge in legal malpractice lawsuits, as clients look to recoup their losses from third parties...

Phen Fen Legal Malpractice Case again Dismissed

Posted on February 23, 2009
In Barber v. Siller Wilk we seen an interesting anomaly of legal malpractice, which is the recurring lawsuit against the target attorney, which is lost, and then against the attorney who sued the target attorney, then.... reminiscent of the reducio ad adsurdum metaphysical argument one learns in philosophy...

Legal Malpractice in a Labor Law Setting

Posted on February 20, 2009
The Labor Law and its connection with union contracts, employment at will and whistle blower statutes is complicated. Clients are well advised to go to an attorney who concentrates in this area. Here is a case in which plaintiff's case went awry, and ended in legal malpractice...

Reasonable Trial Strategy in Legal Malpractice

Posted on February 19, 2009
An attorney is free to utilize a reasonable trial strategy for its client without a risk of legal malpractice. So goes the "judgment" principal in legal malpractice. What constitutes a reasonable trial strategy? As an example, Noone v Stieglitz ;2009 NY Slip Op 01093 ;Decided on February 10, 2009 ; Appellate Division, Second Department is instructive...

An Apartment Closing, The Brokers and Legal Malpractice

Posted on February 18, 2009
We predict a change in the focus of legal malpractice cases reflecting the economic changes going on today. Here is a case more indicative of the former red-hot real estate market in Manhattan. Plaintiffs buy two apartments, plan to combine them, are told that some outside space on a setback will be theirs, and then it all goes sour...

Judiciary Law 487 - The Oldest Statute in Law?

Posted on February 17, 2009
It's not the 10 Commandments, and it's not the Magna Carta, but as this Court of Appeals case demonstrates, it's not far off. Amalfitano v. Rosenberg is a new Court of Appeals decision which traces Judiciary Law section 487 all the way back to 1275...

Judiciary Law 487 and the Court of Appeals

Posted on February 16, 2009
We've written about Judiciary Law section 487 before, and have an article in the New York Law Journal awaiting publication. Like an appellate litigant who reads a new and important case the morning of oral argument, we came across the Amalfitano v...

A Comma here, a Paragraph There, $150 Million in Legal Malpractice

Posted on February 13, 2009
Rounding out the week in legal malpractice, this article caught our eye. Law firm represents company seeking to go national in the cable market. Advises in a transaction so large it gets its own nickname. In one of probably hundreds of document drafts two paragraphs go missing, and everything falls apart...

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