Legal Malpractice

Is Legal Malpractice Litigation simply about the Money?

By (Andrew Lavoott Bluestone)

Two starkly differing views come to light in this twisted matrimonial/legalmalpractice case.  It all started with a matrimonial and custody case.  From the NYLJ:

"The underlying case, a contentious divorce and custody proceeding between Ms. Callaghan and her now former-husband Gerard A. Callaghan, began in 2001. In that action, Ms. Callaghan claimed her husband sexually abused their 5-year-old daughter.

Westchester County Court Judge Fred L. Shapiro deemed Ms. Callaghan's claims baseless, and granted her husband custody of their five children.

Ms. Callaghan then recanted in a 38-page affidavit drafted by her attorney, Allan J. Berke, which spurred Judge Shapiro to deem Ms. Callaghan an unfit parent, and cut off her visitation rights as well.

When Mr. Berke drafted a 66-page recantation of the original recantation, Ms. Callaghan refused to sign, instead hiring Mr. Curtis to file a malpractice action against Mr. Berke.   Curtis and Berke had a 28 day hearing over Berke's fees, which Curtis won. "Mr. Berke, in turn, refused to hand over the matrimonial file, claiming he was owed $28,000 in fees. Mr. Curtis successfully battled Mr. Berke in a 28-day quantum meruit hearing, in which Mr. Montagnino threw out Mr. Berke's claim because he had suborned perjury. Mr. Curtis billed Ms. Callaghan $373,000 for his efforts.

Ms. Callaghan refused to pay, hiring yet another attorney, David M. Bushman, to contest the fee. With Mr. Bushman, Ms. Callaghan agreed to a flat rate. "  Now, Curtis sought his own fees.  A Westchester special referee called his fee request "absurd."

The Appellate Division has ruled that Curtis is to have his own fee hearing.

What happened to the kids?

Is legal malpractice litigation simply about the $$?

Full post as published by New York Attorney Malpractice Blog on February 25, 2008 (boomark / email).