New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Attorney Malpractice Report

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Attorney Liens and Legal Malpractice in NY

Posted in Attorney Malpractice Report
Liens in New York A common law retaining lien entitles the outgoing attorney to retain all papers, securities, or money belonging to the client that came into the attorney’s possession in the course of representation, as security for payment of attorney’s fees. Arising from Judiciary Law 475, it is enforceable only by retention of the [&hellip… Continue Reading

Legal Malpractice and Termination of the Attorney

Posted in Attorney Malpractice Report
It is the general rule in the United States, and New York that the client, either for good cause or for no cause, may terminate an attorney’s representation at any time. While the difference between “for cause” and “no cause” has been endlessly debated, a “for cause” termination may be based upon misconduct which does [&hellip… Continue Reading

More Legal Malpractice Mistakes

Posted in Attorney Malpractice Report
The fifth group arises from the failure to proffer necessary documents. The opponent to a summary judgment motion must offer admissible proof that a question of fact exists. The opponent of a threshold motion must offer the affidavit of a physician setting forth objective proofs of the injury. The proponent of a motion to restore [&hellip… Continue Reading

Hierarchy of Legal Malpractice mistakes

Posted in Attorney Malpractice Report
There is a hierarchy of legal malpractice mistakes, recognizable by even a layperson. At the head of the list is the failure to start an action, whether a result of failure to file a notice of claim under the General Municipal Law, The Public Authorities Law, the Court of Claims act, or other claim-notice acts. [&hellip… Continue Reading

The Most common causes of Legal Malpractice

Posted in Attorney Malpractice Report
The most common causes of attorney malpractice litigation: 1.Poor communication with the client Always at the base of a professional malpractice lawsuit 2.Statute of Limitations problems 3.Suing a client over the bill. Often precipitates a malpractice lawsuit 4.Notice of Claim problems Includes municipal, agency, Court of Claims, private notice requirements, and other condition precedent situations [&hellip… Continue Reading
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