Legal Malpractice

NJ Legal Malpractice Case Fails

By (Andrew Lavoott Bluestone)

There are red flags all  over this case.  Ex-sheriff was jailed for corruption, sued the government attorney from his administration and did not present an expert.

" A judge in Newark yesterday threw out a legal malpractice suit brought by Thomas D'Alessio, former Essex County sheriff and county executive, against his administration's top lawyer.

Superior Court Judge Paul J. Vichness delivered his decision from the bench after D'Alessio's lawyer, Anthony Ambrosio, presented his case against Stephen J. Edelstein, who served as Essex County counsel from 1991-94.

Edelstein's lawyer, Dennis Drasco, had asked for the dismissal in legal arguments that lasted a couple of hours.

Drasco maintained D'Alessio, who wound up in federal prison for accepting bribes, had failed to establish there was any standard of professional conduct that Edelstein violated in handling D'Alessio's reopened divorce proceedings in the '90s.

He also noted that no legal experts took the stand in the trial that began last month to claim Edelstein departed from any such standard.

"Their proofs didn't meet the threshold," said Drasco, after the ruling..  Ex -sheriff  is plaintiff and was convicted and jailed for corruption.  He sues administration's attonrey.  He presents no expert."

Full post as published by New York Attorney Malpractice Blog on April 16, 2008 (boomark / email).