Legal Malpractice

What of Legal Malpractice and the Plaintiff?

By (Andrew Lavoott Bluestone)

The New York Law Journal reported a bizare instance of attorney misconduct in which plaintiff's trial attorney acted so badly that the case was dismissed, the attorney charged with criminal contempt. tried and convicted.  She now faces probation and suspension.  But, what of the plaintiff and his case?  A good guess?  Plaintiff loses all around, and that this attorney will not have insurance available for a loss based upon criminal conduct.

"A Long Island solo practitioner whose conduct throughout an employment discrimination trial resulted in the case's dismissal has been sentenced to two years' probation.

Ruth Pollack, a civil rights specialist from Mineola, was also barred from practicing law in the Eastern District of New York for 45 days.

Ms. Pollack's behavior in the underlying case, Stuart v. Secretary of the Department of the Interior, 07-cv-2239, included refusing to heed Eastern District Judge Joseph F. Bianco's orders and repeatedly claiming in front of the jury that the orders were "illegal" or "not lawful." Ms. Pollack also arrived late five times during the two week trial, and once failed to appear."
 

"Although the sentencing hearing on Friday began 10 minutes late, Judge Ross twice sent her chief deputy into the hallway to retrieve Ms. Pollack before she appeared.

Ms. Pollack refused the assistance of her court-appointed attorney, Brooklyn solo-practitioner Susan Kellman. "Ms. Kellman is just as much a part of this retaliatory conduct as anybody," Ms. Pollack said.  Following much prodding from the court and brief arguments by Dr. Jubb - who wore jeans, a belly-length shirt and a head wrap tied around his shoulder-length braids - Ms. Pollack set forth an argument for leniency.

She contended that her tardiness was largely the product of medical issues stemming from ovarian cancer; the "contempt," she said, was only the typical back-and-forth between an attorney and a judge. She was guilty only of "disagreeing with a judge."

 

Full post as published by New York Attorney Malpractice Blog on September 30, 2008 (boomark / email).