Legal Malpractice

Hearst v. Hearst and Legal Malpractice

By (Andrew Lavoott Bluestone)

In the high-stakes Estates and Trust world of Suffolk County [think East Hampton, not Patchogue], this case was reported last week.  Plaintiff  John Randolph Hearst [of the publishing family] sued his attorney on the theory that he and his former wife "fraudulently deprived him of title and use of more than $ 20 million in real property." on a theory of undue influence. The case was decided by the Appellate Division, 2d Departmenbt.

The defendant attorney's CPLR 3211 motion was converted to a CPLR 3212 motion.  Plaintiff demonstrated that the defendant attorney represented both husband and wife, and was therefore burdened by a conflict of interest.  The AD determined that the case must be tried.

Full post as published by New York Attorney Malpractice Blog on May 02, 2008 (boomark / email).