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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

$ 3.7 Million Verdict is "Too Small" in Legal Malpracice Case

Posted on January 01, 1970
We've been following this case. Bank is scammed by person running a structured settlement company, and clients' structured settlement funds are lost. Bank sues the attorney who recommended the structure guy, and on Friday, a jury awarded the bank $ 3...

Paul Hastings Settles $ 4.5 Million Bankruptcy Legal Malpractice Case

Posted on January 01, 1970
This article from the Daily Report tells us more about a new trend, legal malpractice cases arising and related to bankrupcy filings:"A federal judge has approved a settlement—apparently totaling $4.25 million—of a lawsuit against Paul, Hastings, Janofsky & Walker...

In House Insurance Lawyers May Defend Insureds in Texas

Posted on December 31, 1969
The familiar triumverate of client, insurance company and independent defense attorney is a familiar model. Certainly, there are cracks in the facade. The attorney has dual roles, and a divided loyalty... In Texas, a recent ruling permits the insurance company to use in-house attorneys to defend insureds...

In NJ, are Legal Malpractice Attorney Fees Recoverable?

Posted on December 31, 1969
Here is a subscription article from Law.com on recoverable legal fees in NJ legal malpractice litigation:"A six-year-long legal malpractice epic shows why the N.J. State Bar Association wants to abolish the state's unique fee-shifting benefits...

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Another Big Law Bankruptcy Legal Malpractice Case

Posted on December 31, 1969
Bankruptcy Legal Malpractice cases are on the rise. Trustees have greater powers than do regular plaintiffs, there are longer statutes of limitation in Bankruptcy situations, and the numbers are really big. Here is a case from the NY Lawyer site...

Patent Law, Legal Malpractice, State Court and Wisconsin

Posted on December 31, 1969
Here , in AccuWeb, Inc., Raymond Buisker, v. Foley & Lardner, Harry C. Engstrom, Quarles & Brady LLP and Nicholas Seay, we find one of the rare state court patent legal malpractice cases. Generally, as patent law is a federal question, one of the parties either brings the action in Federal District Court or removes it there...

Blue Sky Law Case against NY Law Firm

Posted on December 31, 1969
This front page article from the NYLJ tells of a new type of legal malpractice case originating in a securities law suit, by a non-client, stretching the bounds of privity:"A federal judge in Manhattan has ruled that a lawsuit brought under Oregon "Blue Sky" law may proceed against the New York law firm Seward & Kissel for allegedly aiding and abetting securities fraud by a client hedge fund...

Actual Innocence in Criminal Law and in Legal Malpractice

Posted on December 31, 1969
Today's Outside Counsel Column in the NYLJ by Garber and Vaughn does not mention or discuss legal malpractice. Nevertheless, its thesis is highly relevant. "The 212 people exonerated by DNA evidence since 1989 have raised significant awareness about the criminal justice system's failure to protect the innocent from wrongful conviction and have led to reform in the handling of criminal investigations and prosecutions...

Legal Malpractice, Bankruptcy, Calendar Practice in this NJ Legal Malpractice Case

Posted on December 31, 1969
Here is a primer in how litigation can go sour, starting with one problem, leading to one after another. This NJ case discusses affidavits of merit in NJ legal malpractice cases, pro-se litigants and potential dispensations to them, and the statute of limitations in bankruptcy cases...

Stay of Statute of Limitations in Legal Malpractice

Posted on December 31, 1969
There are certain stays of the statute of limitations, universally. Here, in this legal malpractice case plaintiff offered the testimony of a psychologist, probably to prove that plaintiff was unable to commence an action, or protected from the running of the statute of limitations...

Blogging, The First Amendment and Legal Malpractice

Posted on December 31, 1969
We ran acrossthis story today. Prior restraint of a blog, a legal malpractice case, and a question of who is actually posting the blog. "Mystery Blogger Caught Up in First Amendment Flap Posted December 3rd, 2008 by Sam Bayard in Massachusetts Anonymity Legal Threat Prior Restraints On Monday, the blog-hosting service Blogger took down a blog called "Jeffrey Denner's ineffective assistance of counsel" after Jeffrey Denner notified Blogger that a Massachusetts court had issued a restraining order prohibiting one Derrick Gillenwater from using the words "Jeffrey" or "Denner" or "Jeffrey Denner" in any blog postings...

Not Legal Malpractice, and Not Defamation

Posted on December 31, 1969
Legal Malpractice litigation succeed es earlier litigation, by its very definition, and all know that "but for" refers to the first case. An unfortunate corollary to this definitional fact is that clients and some attorneys turn to legal malpractice litigation as a default mode of trying to rectify all wrongs, whether caused by the attorney or not...

Again, Not Legal Malpractice and Not Defamation

Posted on December 31, 1969
This is the same heading, but relates to a totally different set of circumstances. Is an attorney/law firm united in interest with its former client, when the former client is sued, but the attorney is not? May plaintiff [or a third-party plaintiff] rely upon the relation-back principal in order to bring in the attorneys late in the case? We see a well reasoned opinion of Justice Warshawsky in the matter of Arbor Secured Funding v...

Are Hemlines, Finances and Legal Malpractice Frequency Related?

Posted on December 31, 1969
It was always a first year economy class aphorism that hemlines were positively correlated with the state of the economy. Better finances led to brighter prospects, led to more sprightly dresses, with higher hemlines. A downturn in the economy leads to a similar sartorial downturn...

Arbitration and Legal Malpractice

Posted on December 31, 1969
Arbitration and legal malpractice form an uneasy fit. One reason is that discovery is limited; another is that the case is decided by a panel of attorneys. While in many ways a panel of "wise men" may be preferable, in legal malpractice plaintiff will generally prefer a jury...

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