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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

Minnesota, Kentucky, Legal Malpractice ?

Posted on April 29, 2008
We can't read the case, and a subscription to the Minnesota lawyer site is required, but third-hand, here is an interesting take on a legal malpractice case from the Minnesota Lawyer Blog."Minnesota Lawyer has an interesting story this week about a local attorney who found himself being sued for malpractice in Kentucky by a woman who claimed that she was his client...

Deposing the Opposing Attorney on Statute of Limitations

Posted on April 28, 2008
It is rare to depose opposing counsel. Here is an interesting case in which the question to be determined is whether plaintiff knew his union would not participate in a discrimination case, and if so, whether the statute of limitations had passed...

Are Experts Necessary in Legal Malpractice

Posted on April 25, 2008
It's the very rare case in which an expert is not needed in a legal malpractice case. Here is a SDNY case in which the expert was necessary. How could this attorney not have used an expert on a motion for summary judgment?YAMIRA SANTIELI, Plaintiff, v...

Sidley Austin, KPMG and Legal Malpractice

Posted on April 25, 2008
It appears certain that they gave bad tax shelter advice, but this plaintiff opted out of a successful class action only to see his own case dismissed,EDWARD H. ARNOLD, Plaintiff, -against- KPMG LLP, and SIDLEY AUSTIN BROWN & WOOD LLP, Defendants...

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Another Example of the Collateral Estoppel Trap in Legal Malpractice

Posted on April 24, 2008
In re D.A. ELIA CONSTRUCTION CORP., Plaintiff, v. DAMON & MOREY, LLP, Defendant. 07-CV-143A UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK 2008 U.S. Dist. LEXIS 25496 March 31, 2008, Decided March 31, 2008, Filed “While the matter [the bankruptcy matter] was on appeal to the Second Circuit, Elia filed a complaint against Damon & Morey on February 14, 2007 in New York State Supreme Court asserting [*5] various state law causes of action relating to the firm's legal representation of Elia during the Chapter 11 proceeding...

Surgeon v. Attorney in Legal Malpractice Case

Posted on April 24, 2008
ANDREW ORDON, Plaintiff-Appellant, -v.- KAREN L. KARPIE, and MURPHY & KARPIE, LLC Defendants-Appellees. No. 06-3347-cv UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 2008 U.S. App. LEXIS 7626 April 10, 2008, Decided “Ordon retained Karpie to represent him in proceedings before the Connecticut Medical Examining Board ("CMEB") after a patient reported to the Connecticut Department of Public Health ("CDPH") an adverse result in a surgery performed by plaintiff...

Subrogation Rights in Legal Malpractice

Posted on April 23, 2008
Insurers who pay insureds for medical costs, or for damages sometimes seek the right to share in the proceeds of the insured's cases. If an insured gets medical insurance coverage after an accident,] the insurance company would like to be reimbursed from the proceeds...

Liability to 3d Parties for Minnesota Legal Malpractice

Posted on April 23, 2008
Hinshaw reports that the Minnesota Supreme Court has determined the rules for legal malpractice liability to third parties, in a business setting. In New York, liability is generaly limited to situations in which the attorney issued an opinion letter relied upon by non-clients...

The US House of Representatives and Legal Malpractice

Posted on April 22, 2008
Some combinations are simply counter-intuitive...ice cream and pickles, waffles and fried chicken, the US House of Representatives and legal malpractice. Once explained, they are clear as a bell. The South Carolina Appellate Blog explains how the US legislative body got involved in this legal malpractice case:"In Spence v...

Howrey LLP, Texas Patents and Legal Malpractice

Posted on April 22, 2008
Law Com reports that two former clients have sued Howrey LLP and its partner Michael S. Dowler over a failed deal to purchase a patent. While normally this would not be of interest in a legal malpractice setting, the allegation is that the defendant demanded an 'under the radar" deal for 505 of the net profits, and then "breached his fiduciary duty by `misrepresenting the value of the patent...

Medical Malpractice - Legal Malpractice Case

Posted on April 22, 2008
The Daily News article relates the story of a penile implant patient whose surgery went wrong. He then went to a long island medical malpractice attorney who did not fil the case. Plaintiff's attorney says that after the statute passed, the attorney wrote a letter saying: "After due reflectino, we are going to decline to accept your case into our office...

Attorney Discipline, Suspension and Legal Malpractice

Posted on April 18, 2008
One can read attorney discipline cases in the law journal every day. Often they involve miscommunication with clients, neglect of cases and missing money. This case is a standout, and must be read. To begin, the players are all world class: almost all the judges of the SDNY, a huge roster of local attorney players, the son of the US Attorney General, and big law firms...

Prudential, Leeds Morelli & Brown Legal Malpractice back in the News

Posted on April 17, 2008
We reported on this situation more than a year ago. Leeds Morelli & Brown apparently cut its own deal not to sue Prudential again, in exchange for a hefty legal fee paid to it. One of its clients, Linda Guyden, is trying to set aside an arbitration award on the basis that her attorney was conflicted...

Bankruptcy Legal Malpractice in McDermott Case

Posted on April 17, 2008
Bankruptcy legal malpractice is again in the news. As the economy cycles through bankruptcy issues, attorneys advising large corporations become targets for the trustees as well as the creditors. Latest in the news is the Catholic Medical Center and McDermott, Will & Emery...

Convoluted NJ Real Estate and Legal Malpractice Case

Posted on April 16, 2008
This New Jersey real estate case makes little sense, unless you read it as envy transformed into litigation. Plaintiff-seller decides to sell 6 lots for $ 2,000,000. Everyone follows the contract of sale, which provided for interim payments, penalty payments, and no assignments...

NJ Bankruptcy Legal Malpractice Case

Posted on April 16, 2008
This case from New Jersey illustrates the difficult question of privity, which is another way to say, does plaintiff have a relationship with the attorney such that he may sue?In SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISIONCHARLES W. GEYER, on behalf of ONE WASHINGTON PARK URBAN RENEWAL ASSOCIATES (OWPURA), v...

NJ Legal Malpractice Case Fails

Posted on April 16, 2008
There are red flags all over this case. Ex-sheriff was jailed for corruption, sued the government attorney from his administration and did not present an expert. " A judge in Newark yesterday threw out a legal malpractice suit brought by Thomas D'Alessio, former Essex County sheriff and county executive, against his administration's top lawyer...

Legal Malpractice Case Continues Against Paul Hastings

Posted on April 15, 2008
From today's NYLJ: "A New York judge has allowed a legal malpractice suit alleging faulty due diligence work by Paul, Hastings, Janofksy & Walker to proceed. Investor Ronald Katz hired the law firm to represent him in connection with a $3 million investment in a company called Humitech...

Cases This Month in Legal Malpractice

Posted on April 15, 2008
Jusuf Becovic, et al., Plaintiffs-Respondents-Appellants, v Poisson & Hackett, et al., Defendants-Appellants-Respondents. 3142, 118056/04 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 2008 NY Slip Op 2644; 2008 N.Y. App. Div. LEXIS 2594 March 20, 2008, Decided March 20, 2008, Entered Plaintiffs were physically injured, and the placement and maintenance of a garage sign was an important element of the personal injury case...

More Cases this Week in Legal Malpractice

Posted on April 14, 2008
John Napolitano, appellant, v Markotsis & Lieberman, et al., respondents. (Index No. 3514/05) 2007-04674 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 2980; 2008 N.Y. App. Div. LEXIS 2951 Plaintiff loses summary judgment motion for a case in which defendant represented him at trial, ultimately losing plaintiff’s case on the defense of unclean hands...

Attorney Fee Disputes and Rule 1215

Posted on April 10, 2008
22 NYCRR 1215 is a section of the law that governs attorney fees and engagement letters or retainer agreements. Until recently, courts have had differeing interpretations of the penalty when an attorney seeks fees but has no retainer agreement or engagement letter...

Celebrity Legal Malpractice Case

Posted on April 09, 2008
Here, from Anthony Lin of the NYLJ is a story of Donald Trump suing Morrison Cohen for legal malpractice. Admirably, the story does not use the tag line, "you're fired" anywhere. Story: Morrison Cohen represents Trump and a country club in a construction dispute and wins $ 2 million + along with attorney fees...

$ 30 Million Bankruptcy Legal Malpractice Cases

Posted on April 08, 2008
Continuing a trend in bankruptcy legal malpractice filings, here is the story, from NY Lawyer, of Pillsbury Winthrop Shaw Pittman and Levene, Neale, Bender, Rankin & Brill all being asked to disgorge fees and expenses.in the amounts of $4...

What Powers does the Bankruptcy Trustee have in Legal Malpractice?

Posted on April 07, 2008
In this Federal Case, Cobalt Multifamily Investors I, LLC v. Shapiro, 06 Civ. 6468, Decided March 28, 2008 ,District Judge Kimba M. Wood U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK The Court ultimately determined that under the Wagoner rule trustee lacks standing, and that the bankruptcy trustee's powers are limited...

Equitable Subrogation and Legal Malpractice

Posted on March 28, 2008
In this Fourth Department case Kumar v, American Transit Co, the Appellate Division has reversed and sent a case of legal malpractice back for trial. It is an interesting application of equitable subrogation. Plaintiff is an auto insurer who was involved in bad faith litigation...

Legal Malpractice and Estate Executors

Posted on March 27, 2008
Surcharged as an executor, this attorney has an ongoing legal malpractice case against several sets of his own attorneys. In Alaimo v. Mongelli, we see several varieties of legal malpractice allegations. One of them is in contract for failure to undertake an appeal, which was paid for, and one is for straight negligence...

Was there Legal Malpractice in the Bear Stearns Takeover?

Posted on March 27, 2008
This report from the Wall Street Journal Law Blog suggests that JP Morgan may have had to raise its buying price from $ 2 to $10 because of legal malpractice. What was the legal malpractice? A sentence inadvertently left in the agreement, which required JP Morgan to guarantee certain trades...

A Long List of Issues Leads to Trial in NJ Legal Malpractice

Posted on March 26, 2008
Clients often come to speak with a legal malpractice attorney, and concentrate on the mistakes made by their attorney. While there can be many mistakes, not all of them lead to a successful case. Here is an example of many mistakes in a NJ case in which, at the end, there may be no provable damages...

Several Appeals Later, Legal Malpractice Case Dismissed in NJ

Posted on March 26, 2008
This legal malpractice case from New Jersey illustrates an interesting point. DONALD ERICKSON, Plaintiff-Appellant, v. JEFFREY S. LEONARD, ESQ., and HERSH, RAMSEY AND BERMAN, P.C., Defendants-Respondents. Plaintiff's attorney seems to have narrowed the issues after remand from an appeal, and narrowed them so much, that he lost a second motion for summary judgment...

Legal Malpractice in the Failure to Do Discovery?

Posted on March 25, 2008
Plaintiff, a kid on in-line skates, runs into debris at a construction site. He hires defendant attorneys to sue the construction defendants and the land owner for debris on a public sidewalk. First he loses against one defendant, and then, by res judicata against the other, Why did he lose? If, on the one hand it was because the debris was open and obvious, then it was not the attorney's fault...

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