Home -> Law Blog Directory -> Legal Malpractice Blogs -> New York Attorney Malpractice Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Malpractice
: New York Attorney Malpractice BlogThe 2d Circuit on "Strategic Decisions" in Legal Malpractice
By (Andrew Lavoott Bluestone)
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.
This 2d Circuit case,Rubens v. Mason bears on this principal. This is the third go-round for plaintiff. Her case was dismissed by Judge Chin, and she went to the 2d Circuit, which reversed. The case was again dismissed by Judge Chin, and again, the 2d Circuit has reversed. At the first reversal, the court wrote that "whether Mason’s alleged failures were negligent or merely reasonable tactical decisions presented a question of fact that could not be resolved on summary judgment.”
Interestingly, the court found an allegation that defendants did not bring the correct expert to a Dalkon Shield arbitration to be the strongest theory of causation. Beyond the implicit annoyance of the 2d Circuit at this decision, is the broader question of whether strategic or tactical decisions may be the subject of a motion to dismiss or summary judgment.
Full post as published by New York Attorney Malpractice Blog on June 05, 2008 (boomark / email).
National Practitioner Data Bank Fact
NPDB identifies unprofessional healthcare practitioners
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Gallbladder Surgery Errors Damage Bile Duct
X-ray Procedures Can Reduce Gall Bladder Surgery Error Rates
Legal Forms
Business and Commercial Legal Forms
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Legal Malpractice
legal malpractice lawsuits.
Jury Awards $1.8 Million in Legal Malpractice Suit
Jury Awards $1.8 Million in Legal Malpractice Suit
Health Insurers
Dictating Medical Decisions
Accounting Malpractice - Accountant Malpractice, Accounting Malpractice Lawsuit
Accounting Malpractice alleging financial malpractice by accountants.
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Birthing Malpractice
Kaiser Permanente pays $3.2 million medical malpractice settlement.

Economic Downturn Means More Malpractice Suits
Failure to Plead Sufficient Facts - The New Legal Malpractice
Legal Malpractice Statutes of Limitation - Tort and Contract
Magna Bank Finishes Presenting Evidence in Legal Malpractice Lawsuit







