Is an attorney liable for any departure from good practice in representing a client?  No.  Courts very often scrutinize the retainer agreement to see if it limits the representation in any way.  National Air Cargo, Inc. v Jenner & Block, LLP  2022 NY Slip Op 01900 Decided on March 18, 2022 Appellate Division, Fourth Department…

Generally speaking, a parent has little ability to sue a court appointed attorney for the children for two reasons.  First, there is a lack of privity and second, court permission is often required before a court appointed attorney is subject to legal malpractice lawsuit.

Swerdloff v Swerdloff  2022 NY Slip Op 01279 Decided on March…

Ripa v Petrosyants  2022 NY Slip Op 01336 Decided on March 2, 2022
Appellate Division, Second Department can be difficult to follow  The AD decision basically reverses Supreme Court on almost all of its findings, and yet leaves a case more or less intact.  There are two lessons to be taken from this decision.

The…

Protostorm, Inc. v Foley & Lardner LLP, 2022 NY Slip Op 01107, Decided on February 17, 2022, Appellate Division, First Department is a short decision concerning a small act with big consequences. Waiver of “joint and several liability” may have taken place in the pleading or during the litigation.  In either case, it seems…

An claim unstated in the pleadings, but which surfaces in discovery may be utilized by Plaintiff.  In Leading Ins. Group Ins. Co., Ltd. (U.S. Branch), Inc. v Friedman LLP 2021 NY Slip Op 03411 [195 AD3d 418] June 1, 2021
Appellate Division, First Department a unique theory of damages was considered, and then rejected.

“Defendant…

For those who believe that oral argument really means nothing, and that the decision is already written, Halwani v Boris Kogan & Assoc., P.C. 2021 NY Slip Op 06039 [199 AD3d 413] November 4, 2021
Appellate Division, First Department may be something of a look behind the curtain.  Apparently the appeal was lost at oral…

The statute of limitations for legal malpractice is three years.  There is a whole bible of case law on when the S/L commences (at the mistake) and how it might be tolled (continuous representation).  Strategic practitioners generally wait for expiration of the three year period before bringing fee claims (subject to a 6 year statute). …

Drasche v Edelman & Edelman  2022 NY Slip Op 00044 Decided on January 06, 2022 Appellate Division, First Department is a “got an offer but did not communicate it” claim which was dismissed, in part for the failure to prove that the claim was made and in part for failing to allege that the client…