Home -> Law Blog Directory -> Legal Malpractice Blogs -> New York Attorney Malpractice Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Legal Malpractice

: New York Attorney Malpractice Blog

Judges and Potential Judges bring Legal Malpractice Case

By (Andrew Lavoott Bluestone)

ADVERTISEMENTS

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.

Here, Simpson was running for judicial office in Brooklyn as was Diana Johnson. Simpson had retained Alter to help her "establish a sufficient residency in the borough of Brooklyn to allow her to run for judicial office in that County." He did the work, and she ran for office.

In the internecine world of borough politics, naturally an opponent sought to keep her off the ballot. Johnson retained Alter to do so, in 2004. There was a hearing on interlocutory applications as well "as the ultimate relief to remove Simpson from the ballot." Alter no longer represented Simpson, and was permitted to represent her opponent on trial. However, there were limits on the questions he could ask. The Court challenged Alter on his cross-exam, threatening to disqualify him. Alter tailored his questions in the face of the court's ruling.

Now, Simpson successfully avoids dismissal, and may move ahead on her breach case.

Full post as published by New York Attorney Malpractice Blog on March 16, 2010 (boomark / email).