Legal Malpractice

A Criminal Trial, A Life Turned Upside Down, Legal Malpractice

By (Andrew Lavoott Bluestone)

Reported in today's NYLJ, we see the tragic story of an arrest, an attorney who does little or nothing, a conviction and a world turned upside down.  Plaintiff  obtains reversal and acquittal, thus demonstrating "actual innocence."  Glassman v. Blau is Referee Doyle's decision on damages. 

"Defendant, an attorney, represented plaintiff in a criminal proceeding in New York Supreme Court, Criminal Term, based upon criminal charges for assault and battery and rape, as the result of claims made by defendant's ex-wife.

Defendant did no preparation for the trial; he failed to interview witnesses; he failed to keep in contact with the plaintiff, never returning telephone calls and e-mails; he failed to cross-examine the People's witnesses; he failed to put on any case for plaintiff and while originally informing the jury that plaintiff would testify, he failed to call plaintiff as a witness even though plaintiff wanted to testify.

Plaintiff was convicted of the felony of rape in the third degree and two misdemeanors of prohibited contact, on October 16, 2007." 

Nate Raymond  reports today: "Mr. Blau did not appear in the malpractice case, and the referee ordered judgment on default. Mr. Glassman will now seek to collect the sum, said his lawyer, Kenneth F. McCallion at McCallion & Associates in Manhattan. The decision in Glassman v. Blau, 111703/2008, by the referee, Nicholas Doyle, has given Mr. Glassman "some vindication with regard to his claims of being wrongfully and improperly and negligently represented by Mr. Blau," Mr. McCallion added.

The Special Referee's decision will appear on page 25 of the print edition of tomorrow's Law Journal.

"He hasn't quite been able to get his life back, and probably never will," Mr. McCallion said. However, the written decision and a judgment against Mr. Blau gives Mr. Glassman "some minimal satisfaction," Mr. McCallion said.

A call to the last known number for Mr. Blau found it had been disconnected. He did not respond to an e-mail seeking comment.

The judgment would be the latest in a string of problems facing Mr. Blau. The Appellate Division, First Department, suspended him in February 2008 after he allegedly misappropriated nearly $764,000 from three clients' funds. When Mr. Blau continued to practice law despite the suspension, the First Department disbarred him in October 2009. Other default judgments in suits by ex-clients have accumulated since the suspension."

Lurking in the back of the mind is the belief that all the work that has been put into this case may be for naught. 

Full post as published by New York Attorney Malpractice Blog on May 26, 2010 (boomark / email).