New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

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Settlements and Their Memorialization

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Settlements in “open court” are one thing.  They are enforceable just as they are.  Anything else requires a signature.  When the parties settled this matrimonial action using a court reporter in an attorney’s office they did not produce a document that was enforceable.  This might very well be legal malpractice says the Second Department. Lieberman… Continue Reading

Dallas Legal Malpractice Lawsuit and Sgt. Schultz

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Read thisarticle, if only for the photograph of Sgt. Schultz, and the "I knew nothing" tag. "The case of Consolidated Sports Media Group v. Godwin Gruber, which is scheduled to go to trial next month, reads at times like a John Grisham novel, complete with allegations of malpractice, the aforementioned pump-and-dump stock scams, the destruction… Continue Reading

Failure to File Retainer Statements in Personal Injury Action is Fatal

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It’s not entirely clear how the relationship between Attorney Fishkin and Marlow arose with Attorney Taras but it appears that Taras referred cases to Fishkin, or Fishkin was hired by Taras to work on the cases.  many settled, but Fishkin and Marlow were not paid.  They sued Taras for legal fees and lost on the basis… Continue Reading

Colorado Bar Association and Legal Malpractice

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A new release tells us that Elizabeth A. Starrs has been elected President of the Colorado Bar Association. Relevance to this blog is that she has “tried more legal malpractice cases than any other lawyer in Colorado.”… Continue Reading

Collectability in Legal Malpracitce

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Without specifically saying so, a Hiscock & Barclay blog opines that collectability is the burden of plaintiff in the Second Department. However, there is a recent conflicting case in the First Department, Lindenman v. Kreitzer, 7 AD3d 30 [1st Dept 2004], see: 7/11/05 “Collectability in Attorney Malpractice” on this site.… Continue Reading

Patent Attorney Legal Malpractice

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Legal malpractice appears in all areas of legal work, and is more apparent to specialized practitioners than to the lay public or the general attorney population. Here is an example of a Patent Law Blog dealing with attorney malpractice. It deals with conflict of interest.… Continue Reading

Elements of Legal Malpractice

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What are the elements of Professional Malpractice? Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a “deviation from good and accepted legal practice, where the client has been proximately… Continue Reading

What is Professional Malpractice

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What is Professional Malpractice? Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a “deviation from good and accepted legal practice, where the client has been proximately damaged by that… Continue Reading

Legal Malpractice Cases This Week in New York

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Here are the new Legal Malpractice Cases reported in New York. 1.Tolmasova v. Umarova, 2005-00917 , SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT , 2005 NY Slip Op 7523 Pro-se litigant’s case is dismissed after failure to prosecute.… Continue Reading

Legal Malpractice and CPLR 205

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Cases which are dismissed may, under certain circumstances, be “recommenced” pursuant to CPLR 205[a]. If the case was filed timely, and was not dismissed on the merits, or for failure to prosecute, and is recommenced within 6 months, it may still be viable.… Continue Reading

Legal Malpractice Insurance in the UK

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As if running a law practice was not difficult enough Ben Mitchell reports from the UK that in the fall of an insurer, TAG, firms either failed or were unable to renew their insurance coverage. Many legal malpractice claims appear not to be covered by insurance.… Continue Reading

Legal Malpractice Moot Court

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Loyala University Law School is presenting its 4th Annual National Civil Trial Competition. This year it is based upon legal malpractice arising from a wrongful criminal conviction.… Continue Reading

Long Statute of Limitations in Legal Malpractice

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A South Bergen NJ newspaper reports a very long statute of limitations in a legal malpractice case. Seemingly spread over more than 10 years, plaintiff was injured in a supremarket personal injury accident, and the case was dismissed. It appears to be some sort of calendar dismissal.… Continue Reading

Barry Scheck and Legal Malpractice

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In a small article, the New York Times Metro Briefings reports on a legal malpractice case against Barry Scheck, famous for the Innocence Project and for his association with Johnny Cochran at Cochran, Neufeld & Scheck.… Continue Reading

Legal Malpractice and Experts

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Upon what may an expert in an legal malpractice trial rely? What are the bases for legal malpractice expert testimony? A partial answer is given in First Union National Bank v. Benham, an 8th Circuit case this month.… Continue Reading

Legal Malpractice and Harriet Miers

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Buried within the political and social commentary on the president’s nominee, Harriet Miers, is a nugget of legal malpractice information. Blue Mass. Group tells us that while the nominee was a managing partner at Locke Liddell she approved settlement of two huge legal malpractice cases. One settlement was for an allegation that the law firm… Continue Reading

Legal Malpractice: Whose attorney is it?

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The New York Law Journal reports a case which quotes a famous 1697 line from a William Congreve play: “Heaven has no rage like love to hatred turned, and hell has no fury like a woman scorned.” In this legal malpractice case, a matrimonial, the issues is whether the attorney was his or her’s.… Continue Reading

Legal Malpractice in US and India’s Lawyers

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The Wall Street Journal reports today that “More U.S. Legal Work Moves to India’s Low Cost Lawyers.” Eric Bellman and Nathan Koppel write that Pangea3, a New York based global legal outsourcing company has more than 25 lawyers in india and over 20 US customers.… Continue Reading

Legal Malpractice in Small and Large firms

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Does legal malpractice occur more often in small or large firms? What are the indicators or causes of legal malpractice on an institutional level? These issues are discussed and analyzed by My Shingle://www.myshingle.com in an interesting article entitled Malpractice Isn’t Only A Small Firm Problem.… Continue Reading
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