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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

"Firestorn" in Legal Malpractice

Posted on February 29, 2008
Here, in a story from Atlanta from the Augusta Chronicle is the story of an Atlanta law firm that has a multiple number of legal malpractice cases facing it. One in particular, Jennifer v. Fleming the jury will be permitted to hear about an additional 22 cases...

"Firestorm" in Legal Malpractice

Cases this Week in Legal Malpractice

Posted on February 28, 2008
Here are some NY state cases this week in Legal Malpractice:1.Max Markus Katz, et al., appellants, v Herzfeld & Rubin, P.C., respondent. APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 1507 February 19, 2008This case demonstrates two potent defenses: "we were fired before the end of the case, and the new attorneys could have fixed the problem...

Sometimes its Too Early for Legal Malpractice

Posted on February 28, 2008
Here is an unusual "too early" case in legal malpractice: Analisa Salon Ltd. v. Elide Properties LLC, 7582/05 , January 28, 2008 "Essential to a legal malpractice claim is proof that the alleged acts of an attorney proximately caused compensable damages...

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NJ Legal Malpractice Case Dismissed after Losing an Auto Case

Posted on February 27, 2008
Plaintiff suffered an auto accident, and went to trial. Although the jury determined that the other driver was 100% at fault, it granted no damages to plaintiff. She sued her attorney , alleging that settlement offers were not comunicated to her...

Indiana Will Drafting Legal Malpractice Case

Posted on February 27, 2008
From the Indiana Law Blog comes this will drafting legal malpractice case, in which the drafting of a will caused adverse tax consequences. Plaintiffs sued, and attorney's successfully moved for summary judgment, only to lose at the appellate level:"The trial court denied the Lawyers’ motion as to one issue, but granted it as to the other...

West Virginia Legal Malpractice and the Unfair Claims Settlement Act

Posted on February 27, 2008
Horulic v. Galloway started out as a garden or varietal auto accident case. It blossumed into a unique legal malpractice - bad faith- Unfair Claims Settlement Act case in which at least one significant lesson is learned. $ 500,000 is not sufficient coverage for attorneys who litigate personal injury matters...

Patent Legal Malpractice Cases and Federal Question Jurisdiction

Posted on February 26, 2008
Air Measurement v. Akin Gump is another reminder that there are alternative jurisdictional bases in Federal district court aside from diversity jurisdictino. Here, a legal malpractice case over representation in a patent law case allowed the matter to be brought in Federal District Court...

Legal Malpractice Suit after a Release

Posted on February 26, 2008
Plaintiff wanted to sue his opponent's attorneys. While the ability to sue your opponent's attorney is very restricted, [see: lack of privity}, in certain circumstances it is possible. This case: Blum v Perlstein 2008 NY Slip Op 00439 Decided on January 22, 2008 Appellate Division, Second Department appears to stand for the proposition that plaintiff had no legal malpractice case against the defendants, who were not his attorneys...

Translation Legal Malpractice

Posted on February 25, 2008
Closely related to the prior article on immigration legal malpractice is this story of legal malpractice in translation. While the attorney was held responsible only for failing to follow a specific court order, his mistake arises from failing to have a translator there...

Immigration Legal Malpractice

Posted on February 25, 2008
Here from the Illinois Legal Malpractice Blog discussing an ABA Journal article about a 2d Circuit Case. Immigration legal malpractice is a frequent subject, with inherent problems for the plaintiff. First, the client may not be in the country, and discovery/depositions will be difficult; second, proving the value of damages can be difficult...

Is Legal Malpractice Litigation simply about the Money?

Posted on February 25, 2008
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...

The Electronic and Digital Age and Legal Malpractice

Posted on February 22, 2008
No one, and by that we mean the New York Attorney Malpractice Blog is accusing anyone of malpractice regarding this story. Sheila Birnbaum is a demi-god in litigation circles. However, e-mails can trip up anyone. Will a similar tale end in legal malpractice? Law blog reports:"Yesterday, Skadden Arps products-liability superstar Sheila Birnbaum mistakenly sent to reporters an email that was intended to be directed “internally...

Legal Malpractice and Personal Injury Case Dismissed

Posted on February 22, 2008
Here is a textbook example of how courts view legal malpractice cases. Their view does not necessarily comport with the reality of litigation. In Katz v. Herzfeld & Rubin the court holds:"In support of the motion to dismiss, the defendant submitted evidence establishing that the acts of malpractice alleged in the complaint, including the defendant's refusal to pursue a highly questionable claim for exaggerated lost earnings damages based on the injured plaintiff's life expectancy and its purported delay in retaining an economist to evaluate the lost earnings claim, did not cause any alleged reduction in the amount of the monetary settlement reached in the underlying personal injury action...

Holding Escrow and Legal Malpractice

Posted on February 21, 2008
In this Case Egnotovich v. Katten Muchin Zavis & Roseman LLP, 604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried NEW YORK COUNTY ,Supreme Court Plaintiffs joined a vacation club in which they each deposited $ 400,000, and the group was to purchase or lease apartments or houses in prime vacatiion spots...

Legal Malpractice Cases in the Second Circuit Courts

Posted on February 20, 2008
CELEBRITY CRUISES INC., and FANTASIA CRUISING INC., Plaintiffs, - against - ESSEF CORP., PAC-FAB, INC., and STRUCTURAL EUROPE N.V. (f/n/a SFC), Defendants. 96 Civ. 3135 (JCF) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2008 U...

Cases This Week in Legal Malpractice

Posted on February 19, 2008
Fred W. Nelson, etc., respondent, v Stanley Kalathara, defendant, Claude Simpson, appellant. (Index No. 3167/07) 2006-09551 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 2008 NY Slip Op 1313 February 13, 2008, Decided Here, plaintiff is the guardian of an incapacitated seller of real property, and defendants were the attorneys for purchaser...

Pennsylvania Legal Malpractice Statute of Limitations

Posted on February 19, 2008
Hinshaw reports a fairly complicated commercial liquidated damages case arising from a bank loan to individuals which led to a default, which led to a confession of judgment, which led to a settlement, with inadequate documentation of the settlement...

Clients Lose Settlement and Legal Malpractice Case

Posted on February 19, 2008
Clients claim that attorney forged their names on settlement documents, then stole money. They sue attorney, get judgment, and then lost any ability to collect, when carrier successfully disclaims and wins a collection case brought by the cleints against the carrier...

Not All Trials go to a Jury, Even in Legal Malpractice

Posted on February 19, 2008
One of the more ironic but interesting aspects of legal malpractice, like quantum mechanics, is that the very act of measurement [trial] can cause the observed object to change. Similarly, in the prosecution of a legal malpractice case, there can be legal malpractice ...

Duane Morris Legal Malpractice Case Decided

Posted on February 19, 2008
A commonly quoted statistic is that 95% of all cases are resolved prior to trial; they are resolved through motions to dismiss, motions for summary judgment and settlements. The few cases that go on to trial generally, they calculate, go 50/50...

Federal Question Jurisdiction in Legal Malpractice

Posted on February 19, 2008
Legal malpractice is a wholly state cause of action, and might be brought in Federal District Court only if there is a basis for jurisdiction. Diversity jurisdiction is the one most quickly thought of, but in certain circumstances federal question jurisdiction may also apply...

Court Will not Allow Attorney to Quit

Posted on February 19, 2008
In Scher v. Mishkit [NYLJ exerpt], Supreme Court, Suffolk County refused to allow this attorney to wifhdraw pursuant to CPLR 321. This situation is more common than one might guess, especially in medical malpractice cases. The case is brought, and prosecuted, with depositions, and medical record exchanges, and then placed on the calendar, without an expert in place...

Failure to Pay Legal Malpractice Judgment Leads to Attorney Suspension

Posted on February 19, 2008
It is an ethical violation of 22 NYCRR 603.4[e][1][iv] willfully to fail to satisfy a judgment arising out of one's professional activities. For the most part, these judgments arise from legal malpractice. Here an attorney is suspended because of an unsatisfied judgment:"Respondent's failure to cooperate with the Committee's investigation (22 NYCRR 603...

Judicial Hellhole and Legal Malpractice

Posted on February 19, 2008
So far the central question in this legal malpractice case is whether it is taking place in a judicial hellhole, and incidently, who gets to make that decision. This is a legal malpractice case taking place in Madison County, Illinois. Here is the story from the Madison St...

Indiana Excess Insurer Malpractice Case

Posted on February 19, 2008
Indiana Legal Blog reports on the Transcontinental legal malpractice case. We reported on it earlier, but there seems to be a new twist: "On appeal, the Indiana Court of Appeals did not accept the excess insurer’s argument that they should be allowed to bring a legal malpractice claim against the client’s attorneys under the doctrine of equitable subrogation...

Arbitration in Legal Malpractice

Posted on February 19, 2008
Here is a commentary from Larry Upshaw on the pro/con arguments for a law firm putting an arbitration clause in the retainer agreement. From plaintiff's prospective, it can be a costly problem. Take a commercial legal malpractice in which there are potential $ 1 million damages...

Motions to Dismiss on "Documentary Grounds" and Legal Malpractice

Posted on February 19, 2008
Here is a case from Richmond County with an interesting twist. Facts: Mother gets into money trouble and faces foreclosure. Daughter helps out and negotiates a mortgage to pay off the earlier debts and prevent foreclosure. An attorney is "assigned" by the mortage company for the mother...

NY Cases This Week in Legal Malpracice

Posted on February 19, 2008
STEPHEN F. BRUMMER, PLAINTIFF, v TOWN OF TONAWANDA, ET AL., DEFENDANTS. CHRISTOPHER A. SPENCE, P.C., APPELLANT; THE BARNES FIRM, P.C., SUCCESSOR TO CELLINO & BARNES, RESPONDENT. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 2008 NY Slip Op 871 February 1, 2008, Decided Attorney 1 represents a construction accident plaintiff up to the point of a motion for summary judgment against the employer on Labor Law section 240...

Duane Morris $ 1.6 Million Legal Malpractice Case

Posted on February 19, 2008
Law.Com reports this Philadelphia case. "In opening statements on Tuesday in Adlerstein v. Duane Morris, physicist Joseph K. Adlerstein's attorney, Clifford E. Haines, said Duane Morris was responsible for his client only receiving $200,000 of a $1...

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