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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

Legal Malpractice in England

Posted on July 06, 2008
NY Lawyer [and Law.com] report that Linklaters is being sued for $55 million in "one of the largest cases against a top U.K. law firm in recent times. The Magic Circle firm is preparing for a 20-day trial in the High Court next January over claims it gave negligent advice to Baltic telecoms company Levicom...

More Conflict of Interest in a Penn Legal Malpractice Case

Posted on July 03, 2008
The Times Leader reports on a $ 3.4 Million legal malpractice action taking place there, now, post verdict. The twist is that the winner of the case, executor of an estate had asked the trial judge to recuse himself because of financial conflict of interest...

Sometimes An Expert is Not Necessary in Legal Malpractice

Posted on July 02, 2008
This case from New Jersey illustrates the border line between behavior that is so bad that an expert is not needed at trial to testify on whether there was a deviation, and behavior that is bad, but still requires an expert. The NJ court found in TARUTIS, v...

Waiving Arbitration in Legal Malpractice

Posted on July 01, 2008
Arbitration clauses in attorney-client retainer agreements is a trend. Law firms, who presumably know the costs and efficiencies of litigation choose arbitration in the belief that most cases they are involved in will be a fee dispute. Legal malpractice, either as a counterclaim to a fee demand or on its own does sometimes intrude, however...

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Morris J. Eisen Legal Malpractice Case Proceeds

Posted on June 27, 2008
He was one of the best known, and feared plaintiff's attorneys in New York. He had entire floors of offices at the Woolworth building in lower Manhattan, and early every morning a large number of trial attorneys would gather for breakfast and pick up their day's work...

Texas Trifecta of Legal Malpractice

Posted on June 26, 2008
We reported this confluence of Politics, Legal Malpractice and big estate probate work several weeks ago. Defendants were R. Christopher Bell, the 2006 Democratic gubernatorial nominee and a former U.S. congressman; Annette M. Henry; and their former firm, Bell & Henry in Houston...

Celanese v. Kaye Scholer in a New Legal Malpractice Case

Posted on June 25, 2008
Here, in an early report from the Competition Law 360 Blog is a report that:"Kaye Scholer LLP is facing a legal malpractice suit over the way attorneys handled several antitrust suits accusing Celanese Americas Corp. of fixing the price of polyester staple fiber...

Receiver v. Attorney in Legal Malpractice

Posted on June 25, 2008
In a familiar setting, this time the case is receiver v. former attorney. Other times it is bankruptcy trustee v. attorney. Southwest Exchange, a former Nevada financial company involved in litigation and in receivership ended 2007 owing $98 million to 130 real estate investors...

"At Issue" Discussions and Legal Malpractice

Posted on June 24, 2008
To what extent may a legal malpractice defendant seek disclosure of privileged discussions? The general answer is if they are "at issue" in the legal malpractice. Here in the Akin Gump legal malpractice case is a good example. From Law...

Collectiblitiy and Hypothetical Judgments in Legal Malpractice

Posted on June 24, 2008
As part of the "but for" rule, a hypothetical judgment which plaintiff would have won, except for the attorney's mistake, is the measure of damages in legal malpractice. We have written about this in the New York Law Journal. [4/20/07] The defense of collectibility is that even if successful in the case below, plaintiff would not have been able to collect the hypothetical judgment...

To Whom is the Duty Owed in Legal Malpractice

Posted on June 23, 2008
Decedents, Estates, Administrators, Lawsuits. This area of legal malpractice is extraordinarily twisted and difficult when asserting privity. Take for example the question of an executor suing the decedent's attorney [who prepared the will] or the estate's attorney [who offered the will for probate...

Judge Recuses Himself in Legal Malpractice Case

Posted on June 20, 2008
We reported on this Pennsylvania case last week, having come across several previously unknown words in the decision and article, such as prothonotary. Here is a follow up article in which the judge recuses himself after the verdict."Luzerne County President Judge Mark A...

How Do You Forget to File a $19 Million Legal Malpractice Case?

Posted on June 19, 2008
Chicago Business Litigation Lawyer Blog reports that a huge class action legal malpractice case against DLA Piper Rudnick has been dismissed. Plaintiff's and defendants had entered into a tolling agreement that was amended and went on for several years...

Sanctions and Frivolous Behavior in Legal Malpractice

Posted on June 18, 2008
Here, we have Section 130 and Rule 11. In South Carolina, there are frivolous law suit penalties and sanctions too. Ex Parte Gregory v. Malloy. is the rather unflattering story of one legal malpractice attorney who went ahead and started a ridiculous suit, all for naught...

Must the Legal Malpractice Plaintiff Appeal in Florida?

Posted on June 17, 2008
In New York, there is no absolute requirement to appeal a negative outcome prior to bringing a legal malpractice action, nor is there a requirement "not to settle" a case prior to bringing a legal malpractice case. The standard is whether plaintiff was "effectively compelled" to settle...

Legal Malpractice: A Case Within a Case, Within a Case, Within ...

Posted on June 16, 2008
This is the type of case that gives litigation [and especially legal malpractice litigation] a bad name. Phung v. Summerville is a well written, reasoned NJ decision which discusses an inexplicable situation. Plaintiff has a nice 12 unit building in Elizabeth NJ...

In California, Notice to Admit Has Bite in a Legal Malpractice Case

Posted on June 13, 2008
In New York a Notice to Admit is a discovery device which is used, but which has a small part in the panaply of discovery weapons. Failure to admit that which is later provded is subject to sanctions and costs, but nominal costs are the usual outcome...

Keeping the File, Legal Malpractice and the Retaining Lien

Posted on June 12, 2008
We've written about retaining and charging liens, the Judiciary law, and how hearings on attorney fees can have collateral estoppel effects on legal malpractice litigation. Here is aConnecticut case which discusses the same issues, albeit in a habeas corpus and "file retention" setting...

Pennsylvania Legal Malpractice and Ballard Spahr

Posted on June 11, 2008
Law.Com reports that the law firm of Ballard Spahr won a jury trial yesterday. Beyond the usual legal malpractice issues and testimony, there was plenty of star power [in a law sort of way] as " famed Florida litigator Roy Black of Black Srebnick Kornspan & Stumpf represented Epstein along with Boca Raton-based Lance W...

Right to Independent Counsel in Malpractice Cases

Posted on June 10, 2008
This case, Elacqua v. Physicians Reciprocal Insurers is a medical malpractice matter, in which the doctors had both covered and non-covered claims against them Naturally, the insurance company had coverage for certain of the claims. Although this case is in the medical malpractice area, it is fully applicable to legal malpractice...

Bankruptcy Trustee's Action in Legal Malpractice against Alston & Bird

Posted on June 10, 2008
Law.Com reports that "Alston & Bird and and the bankruptcy trustee for one of its former clients, the beleaguered Friedman's Jewelers Inc., are on the verge of settling a suit over allegations that the firm committed legal malpractice. ""Alston & Bird, which served as Friedman's outside general counsel from the 1990s until the company terminated their relationship in 2004, contributed to some of those troubles, according to Alan Cohen, Friedman's bankruptcy trustee...

Legal Malpractice, Judiciary Law 487 and Frivolous Conduct

Posted on June 09, 2008
The case of Rozen v. Nite Rider Group, Inc. seems to be going on in three different venues. There was the original case, based on loans and property noldings, there is a legal malpractice case, and apparently there is also a Judiciary Law 487 case too...

Shearman & Sterling Legal Malpractice Case Continues

Posted on June 06, 2008
An action agains tShearman & Sterling for failures in a loan transaction continues, after the First Department affirmed denial of a motion to dismiss. In Garten v. Shearman & Sterling. "Plaintiff has stated a cause of action for legal malpractice by alleging that "but for" defendant's failure to prepare and procure documents necessary to provide him with a first-priority security interest, he would have been able to recover the amounts owed to him by the defaulting borrower (see AmBase Corp...

The 2d Circuit on "Strategic Decisions" in Legal Malpractice

Posted on June 05, 2008
One unique aspect of Legal Malpractice is the principal that an attorney may not be held responsible for a strategic decision, even if it is a loser. So long as it is reasonable, both subjectively and objectively, the attorney will not be held in legal malpractice...

Will Business Relationship with Attorneys Doom this Legal Malpractice Verdict?

Posted on June 05, 2008
One of the more pleasant aspects of reading cases early in the morning is the occasional new word or concept that leaps from the page. This article discusses a court official called the "Prothonotary," A prothonotary is an elected Clerk of the Court of Common Pleas Civil Division...

Hip Hop, Libel, Sexual Harassment and Legal Malpractice

Posted on June 05, 2008
One of the more fascinating aspects of legal malpractice is the large catchment area. That jargon, from psychology simply means that almost everyone uses attorneys, whether the largest CEO, or a hip hop magi zine employee who alleges sexual harassment...

Vexatious Litigant Precluded in both State and Federal Court Legal Malpractice Case

Posted on June 04, 2008
It takes a lot of vexing conduct to be foreclosed from bringing an action in state court. One has to be very, very obstinate and really tick the judge off. To do so in a legal malpractice setting is even harder, because the general feeling is that plaintiff must have been hurt by a lawyer before bringing the suit, and perhaps a little slack permitted...

"But For", Proximate Cause and Legal Malpractice

Posted on June 03, 2008
Today's Outside Counsel Column in the New York Law Journal features our discussion of Barnett v. Schwartz, 47 AD3d 397 (2d Dept, 2007) which we consider to be revolutionary. The question of "the proximate cause" versus "a proximate cause" is subtle, but of significant importance in the field of legal malpractice...

Sly and the Family Stone's Legal Malpractice Case

Posted on June 03, 2008
Still popular, and still selling records, Sly and the Family Stone were the subject of a film. Unfortunately, the film and use of many recordings was without out their consent. Potential litigation followed. Problem? While the attorneys were negotiating and battling from their offices, they allowed the statute of limitations to run...

Wilson Elser loses and wins its own Legal Malpractice Case

Posted on June 02, 2008
Here is an article from NY Lawyer about the Wilson Elser legal malpractice case. They are still in for more than $ 941,000 but have cut about $ 1.7 million from the verdict. "A California appeals court has upheld a $941,000 legal malpractice verdict against Wilson Elser Moskowitz Edelman & Dicker, but has thrown out $1...

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