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Legal Malpractice

New York Attorney Malpractice Blog

Legal Malpractice Attorney & Lawyer
By Andrew Bluestone

Post Frequency: 9.8/day

Last Entry: April 01, 2011 at 06:03:18

Legal Malpractice and the Medical Malpractice Statute of Limitations

Posted on September 25, 2008
A familiar legal malpractice scenario arises when a law firm takes a medical malpractice case, or takes it "subject to investigation", then rejects the case just short of the med mal statute of limitations. Plaintiff is left in a quandary...

Legal Malpractice Insurance and Notice to Insurers

Posted on September 24, 2008
A newly decided appellate case, Executive Risk Indem. Inc. v. Pepper Hamilton, LLP 2008 NY Slip Op 07044 Decided on September 23, 2008 Appellate Division, First Department Saxe, J. turns on the question of when a law firm must notify its insurer [or re-certify upon renewing the insurance] that there are no claims lurking against them, or whether they have a reasonable belief that there may be a claim against them which must be reported to the carrier...

Matrimonial Disclosure Rules in Legal Malpractice

Posted on September 23, 2008
Is discovery in legal malpractice limited by the NY matrimonial rules? This recent case Kodsi v Gee ,2008 NY Slip Op 06938; Decided on September 18, 2008; Appellate Division, First Department holds that there are some limits. "Domestic Relations Law § 235(1) mandates that all papers filed in a matrimonial matter be designated as confidential...

Mega Political Legal Malpractice and Fraud Case

Posted on September 22, 2008
This case, which was reported by Anthony Lin of the New York Law Journal involves at least 2 huge political names, and some off-shore investments. Mr. Giuliani needs no introduction; Mr. Hutchinson was a US Attorney, head of the DEA and a US Representative who was a manager in the Clinton Impeachment trial...

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Intersection of Bankruptcy an Legal Malpractice

Posted on September 19, 2008
This difficult and tragic medical malpractice - bankruptcy - legal malpractice case is worth studying. on the issues of bankruptcy stays and equitable estoppel, Not once but twice plaintiff has been non-suited based upon the statute of limitations...

Intersection of Bankruptcy and Legal Malpractice

Federal Question, Jurisdiction and Legal Malpractice

Posted on September 18, 2008
This is not a Federal law blog, and we will give only the highlights of the issue of Federal Question jurisdiction. There are several different ways in which one may qualify for jurisdiction in Federal District Court. One is diversity, and a second is Federal Question...

Wilson Elser, Ulico Casualty Co. and Legal Malpractice

Posted on September 17, 2008
We reported this case months ago when Justice Marci Friedman in Supreme Court, New York County granted partial summary judgment and directed that Wilson Elser disgorge fees paid to it. Her theory was that Wilson Elser beached its fiduciary duty while it represented Ulico and at the same time assisting Legion Insurance Company in a competing business...

Receiver or Trustee in Legal Malpractice Case?

Posted on September 16, 2008
Law.Com reports on a legal malpractice case involving Smith, Gambrell & Russell which may well turn on whether the plaintiff in the action is simply a trustee or a receiver of the plaintiff company. As one reads this scandal filled case, which includes the suicide of the plaintiff company's former CEO,Kirk S...

ConnectU, Facebook and Collateral Estoppel in Legal Malpractice

Posted on September 15, 2008
Legal Pad Blog Reports that the ConnectU people who successfully sued Facebook are in a dispute with Quinn Emanuel over fees. We wonder if anyone has considered the collateral estoppel effect of fee arbitrations on legal malpractice cases. The teaser from Legal Pad is: "San Jose Federal Judge James Ware ruled that the settlement should be enforced and appointed special master George Fisher to do the enforcing...

More on the Mintz Legal Malpractice Case

Posted on September 12, 2008
Anthony Lin wrote yesterday in the NYLJ about the Shelly v. Bodian case, Index No. 602254/05, currently being litigated in Supreme Court, New York County., The case highlights some interesting principals of legal malpractice which warrant examination...

Self-Aggrandizement and Legal Malpractice

Posted on September 11, 2008
Anthony Lin writes today in the NYLJ about the Shelly v. Bodian case, Index No. 602254/05, currently being litigated in Supreme Court, New York County, and discusses a recent decision of Justice Emily Jane Goodman. Justice Goodman has a fair number of legal malpractice cases on her docket...

If there are no damages, it is not Legal Malpractice

Posted on September 10, 2008
It's often surprising, when reading a newly published case, at the wide difference between plaintiff's take on the case, and the defense presented by his former attorneys. The attorneys, who just a short period earlier had been plaintiff's paragons, now have a diametrically opposed viewpoint...

Client Sells Privileged Communications in Legal Malpractice

Posted on September 09, 2008
This seems to be a new twist. It dovetails with our earlier discussions of new venues in legal malpractice, and cases being brought against lawyers by persons other than their clients. Here, former opponents sue the attorneys after bargaining with the bankrupt client and obtaining communications between bankrupt client and its attorney...

Legal Malpractice Claims Up, But How Much?

Posted on September 08, 2008
Legal Pad discusses the ABA ABA’s Standing Committee on Lawyers’ Professional Liability Report on Legal Malpractice in this report. "Legal malpractice claims have gotten more expensive. We think.The claims that result in the highest of indemnity payments appear to be on an upward march, according to an ABA study unveiled this morning at the ABA’s national legal malpractice conference in San Francisco...

California Legal Malpractice Case and Wilson Elser

Posted on September 05, 2008
In this short article [no link to the decision] it is reported that in the Cal City v. Wilson Elser case, a legal malpractice jury verdict of $ 17 million + has been dismissed and reduced to below $ 1 million dollars. " California appeals court has upheld a $941,000 legal malpractice verdict against Wilson Elser Moskowitz Edelman & Dicker, but has thrown out $1...

Statute of Repose ends Legal Malpractice Case

Posted on September 04, 2008
Legal Profession Blog reports this dismissed legal malpractice case. Before reading, please see the last paragraph in which the court holds that there still is a remedy available. "The North Carolina Court of Appeal today held that a claim of legal malpractice was barred by the statute of repose against a lawyer who had dismissed his client's accident claim and concealed the dismisal through a series of false representations...

On again and Off Again Judgment in Legal Malpractice

Posted on September 03, 2008
We reported on this case, and its little known term, Prothonotary last month. Now the Times Leader reports: "Luzerne County Prothonotary Jill Moran has once again entered a $3.4 million judgment against a law firm in a hotly contested legal malpractice case that included allegations of bias against Judge Mark Ciavarella...

How Much Investigation is Necessary in Legal Malpractice?

Posted on September 02, 2008
Plaintiff is injured at work and sues the third-party. Plaintiff asks attorney whether she may sue her employer. The answer is "No", isn't it? After all, one may not sue one's employer, correct? In a fine example of how much investigation may be necessary, Thompson v Seligman 2008 NY Slip Op 06496 Decided on July 31, 2008 Appellate Division, Third Department reports that plaintiff has raised a question of fact whether defendant attorneys investigated enough...

A World Wide Conspiracy and Legal Malpractice

Posted on August 29, 2008
Reading this case, in which there is an ancillary legal malpractice case, reminded us of the ubiquitousnature of legal malpractice. This case, ELIOT I. BERNSTEIN, et al., Plaintiffs, - against - STATE OF NEW YORK, et al., Defendants.07 Civ. 11196 (SAS); UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2008 U...

Whistleblower Legal Malpractice?

Posted on August 28, 2008
We often remark that legal malpractice may be found everywhere, and in many an unusual circumstance. The "Big Dig?" Sure. Here is a story from NY Lawyer about a whistle blower whose case was overlooked: "A would-be whistle blower is suing Washington-based firm Phillips & Cohen in the U...

Legal Malpractice and Compelled Settlements

Posted on August 27, 2008
Matrimonial law is rife with questions of legal malpractice. As in most spheres of the law, settlements take place in the majority of cases. The general rule in legal malpractice is that one may sue the attorney after a settlement if the settlement was "effectively compelled" by the actions of the attorney...

A Triple Play in Legal Malpractice

Posted on August 26, 2008
Forget about the Kentucky statute of limitations issue [although the discovery v. mistake date which starts the statute running is important here in NY]. Focus on the bad luck and the series of mistakes which take place in this poor plaintiff's case discussed in the Kentucky Court Report: "Lane appeals TC's grant of summary judgment to Hugh Montgomery Richards on her legal malpractice claim holding that it was not filed within the one-year statate of limitations...

Legal Malpractice in Varied Settings

Posted on August 25, 2008
Legal malpractice sometimes seems to be the language franca in law news. It can show up in any setting. Here is a most unusual story from Law.com [link unavailable]: "A legal malpractice lawsuit against Baker, Donelson, Bearman Caldwell & Berkowitz stemming from a case involving a 6-ton marble sculpture of Jesus Christ's face may proceed to trial...

Philadelphia Legal Malpractice Case goes through Appeals

Posted on August 22, 2008
Huber v. Taylor is the case. Here in this extensive report from Litigation and Trial Blog is the full story of a legal malpractice/disgorgement case and its appeals. "The prior opinion, Huber v. Taylor, 469 F.3d 67 (3d Cir. 2006), was one of the more important recent opinions for "lawyer's lawyers" in the Third Circuit...

Daubert and Legal Malpractice?

Posted on August 21, 2008
One of the more interesting aspects of legal malpractice litigation is the ferocity with which defendant attorneys will employ in their defense...especially when contrasted with the particulars of plaintiff's complaint...usually that the attorneys were way below lackluster when they were prosecuting the underlying case...

More Patent Legal Malpractice News

Posted on August 20, 2008
It's all over the law news today, and here is NY Lawyer's report on the Kirkland Ellis patent legal malpractice case in Illinois: "In an Illinois state court filing last week, Kirkland & Ellis is being sued for legal malpractice by a former client that blames the law firm for the loss of a patent case that cost the company $18...

Plaintiff Loses Case, then Loses Legal Malpractice Case

Posted on August 19, 2008
The outcome in this case is not unique; many legal malpractice cases are dismissed prior to trial, often on the basis that there is no "proximate cause" or "there is documentary evidence that plaintiff cannot prove the underlying case." Terrance Wray, appellant, v Mallilo & Grossman, etc...

Legal Malpractice and Hip Hip Journalism

Posted on August 18, 2008
One of the more fascinating aspects of legal malpractice is the large catchment area. That jargon, from psychology simply means that almost everyone uses attorneys, whether the largest CEO, or a hip hop magi zine employee who alleges sexual harassment...

Nixon Peabody in Another Legal Malpractice Suit

Posted on August 15, 2008
New York Lawyer reports that a legal malpractice case in Philadelphia may continue as is a case in New Jersey. "Just a few weeks after a malpractice claim against Nixon Peabody was allowed to go forward in New Jersey, a Philadelphia judge has allowed to continue a separate, but similar, malpractice action against the firm in Pennsylvania, denying its motion for judgment on the pleadings...

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