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Legal Malpractice

: New York Attorney Malpractice Blog

Again, that Privity Thing in Legal Malpractice

By (Andrew Lavoott Bluestone)

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Who may sue the lawyer?  Is it the corporation / LLC / etc. or the individual?  Here, in this Schulte Roth case  [McCagg v. Schulte Roth] from Supreme Court, New York County, partners who are suing each other find that neither may individually sue the attorneys involved for legal malpractice. 

The back story is that A was a former jet leasing company president who sold his prior company and signed a non-compete.  He teamed up with B, a newcomer to form a new jet leasing company, and they used A's longtime attorneys, Schulte Roth. Then, horrors!, everyone finds out that A had signed a non-compete, and he withdraws, dooming the company.  B sues the attorneys and finds out that he has no attorney client relationship.

The case continues in a non-legal malpractice setting:  aiding and abetting B while knowing that he had previously signed a non-compete.  Read the entire case for details.

 

 

Full post as published by New York Attorney Malpractice Blog on August 12, 2008 (boomark / email).

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