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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

No Harm, No Foul in Legal Malpractice

Posted on February 19, 2008
Thoroughly investigate any human endeavor, and error can be found. Legal malpractice law holds that one must demonstrate that "but for" the attorney's error, there would have been a better or different result. This case, Cohen v Weitzner ,2008 NY Slip Op 00618 ,Decided on January 31, 2008 ...

Pennsylvania Legal Malpractice Statute of Limitations

Posted on February 18, 2008
Hinshaw reports a fairly complicated commercial liquidated damages case arising from a bank loan to individuals which led to a default, which led to a confession of judgment, which led to a settlement, with inadequate documentation of the settlement...

Clients Lose Settlement and Legal Malpractice Case

Posted on February 18, 2008
Clients claim that attorney forged their names on settlement documents, then stole money. They sue attorney, get judgment, and then lost any ability to collect, when carrier successfully disclaims and wins a collection case brought by the cleints against the carrier...

Not All Trials go to a Jury, Even in Legal Malpractice

Posted on February 14, 2008
One of the more ironic but interesting aspects of legal malpractice, like quantum mechanics, is that the very act of measurement [trial] can cause the observed object to change. Similarly, in the prosecution of a legal malpractice case, there can be legal malpractice ...

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Duane Morris Legal Malpractice Case Decided

Posted on February 14, 2008
A commonly quoted statistic is that 95% of all cases are resolved prior to trial; they are resolved through motions to dismiss, motions for summary judgment and settlements. The few cases that go on to trial generally, they calculate, go 50/50...

Federal Question Jurisdiction in Legal Malpractice

Posted on February 13, 2008
Legal malpractice is a wholly state cause of action, and might be brought in Federal District Court only if there is a basis for jurisdiction. Diversity jurisdiction is the one most quickly thought of, but in certain circumstances federal question jurisdiction may also apply...

Court Will not Allow Attorney to Quit

Posted on February 12, 2008
In Scher v. Mishkit [NYLJ exerpt], Supreme Court, Suffolk County refused to allow this attorney to wifhdraw pursuant to CPLR 321. This situation is more common than one might guess, especially in medical malpractice cases. The case is brought, and prosecuted, with depositions, and medical record exchanges, and then placed on the calendar, without an expert in place...

Failure to Pay Legal Malpractice Judgment Leads to Attorney Suspension

Posted on February 12, 2008
It is an ethical violation of 22 NYCRR 603.4[e][1][iv] willfully to fail to satisfy a judgment arising out of one's professional activities. For the most part, these judgments arise from legal malpractice. Here an attorney is suspended because of an unsatisfied judgment:"Respondent's failure to cooperate with the Committee's investigation (22 NYCRR 603...

Judicial Hellhole and Legal Malpractice

Posted on February 11, 2008
So far the central question in this legal malpractice case is whether it is taking place in a judicial hellhole, and incidently, who gets to make that decision. This is a legal malpractice case taking place in Madison County, Illinois. Here is the story from the Madison St...

Indiana Excess Insurer Malpractice Case

Posted on February 11, 2008
Indiana Legal Blog reports on the Transcontinental legal malpractice case. We reported on it earlier, but there seems to be a new twist: "On appeal, the Indiana Court of Appeals did not accept the excess insurer’s argument that they should be allowed to bring a legal malpractice claim against the client’s attorneys under the doctrine of equitable subrogation...

Arbitration in Legal Malpractice

Posted on February 08, 2008
Here is a commentary from Larry Upshaw on the pro/con arguments for a law firm putting an arbitration clause in the retainer agreement. From plaintiff's prospective, it can be a costly problem. Take a commercial legal malpractice in which there are potential $ 1 million damages...

Motions to Dismiss on "Documentary Grounds" and Legal Malpractice

Posted on February 07, 2008
Here is a case from Richmond County with an interesting twist. Facts: Mother gets into money trouble and faces foreclosure. Daughter helps out and negotiates a mortgage to pay off the earlier debts and prevent foreclosure. An attorney is "assigned" by the mortage company for the mother...

NY Cases This Week in Legal Malpracice

Posted on February 07, 2008
STEPHEN F. BRUMMER, PLAINTIFF, v TOWN OF TONAWANDA, ET AL., DEFENDANTS. CHRISTOPHER A. SPENCE, P.C., APPELLANT; THE BARNES FIRM, P.C., SUCCESSOR TO CELLINO & BARNES, RESPONDENT. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 2008 NY Slip Op 871 February 1, 2008, Decided Attorney 1 represents a construction accident plaintiff up to the point of a motion for summary judgment against the employer on Labor Law section 240...

Duane Morris $ 1.6 Million Legal Malpractice Case

Posted on February 06, 2008
Law.Com reports this Philadelphia case. "In opening statements on Tuesday in Adlerstein v. Duane Morris, physicist Joseph K. Adlerstein's attorney, Clifford E. Haines, said Duane Morris was responsible for his client only receiving $200,000 of a $1...

No Harm, No Foul in Legal Malpractice

Posted on February 05, 2008
Thoroughly investigate any human endeavor, and error can be found. Legal malpractice law holds that one must demonstrate that "but for" the attorney's error, there would have been a better or different result. This case, Cohen v Weitzner ,2008 NY Slip Op 00618 ,Decided on January 31, 2008 ...

Yet Another Trap in Municipal Injury Suits

Posted on February 04, 2008
When does a municipality have knowledge of "the essential facts" upon which a claim is made, and when does a municipality have "actual knowledge"? This seemingly small distinction has grave consequences for a plaintiff, and incidentally plaintiff's attorney, Matter of Felice v Eastport/South Manor Cent...

Doctor Sues his Attorneys when they Settle a Case Without Telling Him

Posted on February 04, 2008
Here is a case from Louisiana found by the Law Profession Blog.. While it has very unfamiliar language in it, the situation is very familiar. Doctor is sued for medical malpractice. He does not have a consent policy. Carrier settles without telling him some important things, such as, they waived a jury trial for him...

Philadelphia Legal Malpractice Case Goes to Verdict

Posted on February 02, 2008
Yesterday we reported that the Purlite legal malpractice case was going to the jury; it appeared from reports that a question of the statute of limitations would be the most important issue. Now, breaking news is that the trial ends with a defense verdict, but on the merits and not on the question of the statute of limitations...

Bankruptcy Court is the Hot New Venue for Legal Malpractice

Posted on February 01, 2008
It may be a sign of the new economic times, or it may simply be a new trend, but legal malpractice cases are increasing in the bankruptcy setting. NY Lawyer reports a fraudulent concealment - legal malpractice case by the trustee against an attorney and firm today...

Purolite Legal Malpractice Case and Statute of Limitations

Posted on February 01, 2008
Purolite hired defendant law firm Morgan Lewis & Bockius for advice on whether they could sell products to Cuba. The law firm gave advice, Purolite came under criminal investigation, and a law suit was born. NY Lawyer reports"Both sides said Morgan Lewis' original advice in 1993 was for the company to stop all sales to Cuba and a memorandum was sent to all employees to that effect...

Singer v. Attorney Retainer Dispute Continues

Posted on January 31, 2008
This case has gone from US District Court to the US Court of Appeals for the Second Circuit, to the NY Court of Appeals, and back to District Court. It's a case in which the question now is whether the retainer agreement is in effect, whether misconduct by the attorney vitiates the agreement, and to whom a big fee goes...

Rule 1215 and Attorney Fees

Posted on January 31, 2008
22 NYCRR 1215 is a section of the law that governs attorney fees and engagement letters or retainer agreements. Until recently, courts have had differeing interpretations of the penalty when an attorney seeks fees but has no retainer agreement or engagement letter...

The Brando Family, Death and Legal Malpractice

Posted on January 30, 2008
Christian, son of Marlon Brando died last week, and the AP his former wife has now started a legal malpractice action concerning his will and codicils. "But his family requested the autopsy on Monday "based on his past drug history," Los Angeles County coroner's Lt Fred Corral said...

Legal Malpractice in its many Guises

Posted on January 30, 2008
Small or Multi-billion dollar case, legal malpractice cases all rest upon the same three bases: deviation from accepted practice, proximate cause and damage. As an example, here is a smallish case from the Madison Record:"A legal malpractice claim filed by Cydney Hollaway against Fairview Heights attorney Thomas C...

Bankruptcy and Legal Malpractice

Posted on January 29, 2008
From an unpublished Illinois case, discussed by the Illinois Legal Malpractice Blog, we are reminded of the fact that a bankruptcy filing will generally cut off plaintiff's right to bring any law suit, including the legal malpractice case...

An Illustrative Case in Legal Malpractice

Posted on January 29, 2008
On some ocassions, the dissection of a case yields interesting insights. Here is a Second Department Case: Petersen v Lysaght, Lysaght & Kramer, P.C. , 2008 NY Slip Op 00472 Decided on January 22, 2008 ,Appellate Division, Second Department which illustrates several points:1...

Delaware and Personal Jurisdiction over Attorneys

Posted on January 29, 2008
We've reported on the widespread influence of Deleware corporate law. Many attorneys seemingly practice Delaware law without setting a foot there, without holding themselves out as Delaware attorneys. This happens when they advise corporate clients on how Delaware would act...

Hospital, Its Attorney, Its Insurer and Conflict of Interest in Legal Malpractice

Posted on January 28, 2008
Its Idaho, and its Winter. However, this is not a weather blog. Here is a case illustrating the age old conflict of interest between the insured and its insurer. Here, the insured says that defendant attorney's mission was to protect the insurance company, not the insured...

Use of Attorney's Statements in a Subsequent Legal Malpractice

Posted on January 28, 2008
Here is an Idaho Decision from the Supreme Court of Idaho, which discusses how the statements of an attorney, representing his client in a court proceeding. may be used against him later, as "admissions,""The issue is, whether an attorney's statements in the course of representation fo a client may be used against that attorney in a subsequent legal malpractice case...

Even the Biggest Players get Sued in Legal Malpractice

Posted on January 25, 2008
Here is a New York Law Journal report of a legal malpractice case involving the White House, sitting judges, and other big players."Blackwater Security filed a $30 million malpractice suit against Washington, D.C., law firm Wiley Rein on Wednesday, alleging the firm made costly missteps in a wrongful death case brought on behalf of four former Blackwater employees who were killed in Iraq in 2004...

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