Legal Malpractice

Plaintiff Loses Both Ends of A Legal Malpractice Case

By (Andrew Lavoott Bluestone)

In this case, plaintiff counterclaimed for legal malpractice in the face of a claim for attorney fees.  While not specifically stated, it appears that there were procedural bumps along the way.  Not filing for a jury trial, defendant was not permitted to ask for one later.  More intreguing is the AD's statement:  "The court was within its discretion in refusing to recuse itself. The judge's remarks complained of were not ad hominem attacks, but observations of defendant's credibility and conduct in three related cases."

"Even if plaintiff, in this action for attorney's fees, had been negligent and responsible for defendant failing to obtain a ruling fixing the effective date of her interest in a closely held corporation, defendant failed to show that she suffered any actual harm as a result (IGEN, Inc. v White, 250 AD2d 463 [1998], lv denied 92 NY2d 818 [1998]). There was no evidence of dividends paid out that defendant was unable to collect. Furthermore, in the six years since the underlying judgment, defendant took no steps to bring additional proceedings to cure the alleged defect, so her claims of damages for extra expenses and costs were purely speculative. Similarly, defendant failed to raise any grounds for challenging the trial court's dismissal, following a six-day nonjury trial, of her claim for the return of documents. "

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Full post as published by New York Attorney Malpractice Blog on October 27, 2008 (boomark / email).