The New York law firm Fox Horan & Camirini http://www.foxhoran.com has been found liable for mishandling an arbitration in which $10 million was awarded against their client.

An example of a failed “strategic defense” attorney malpractice case, FHC argued that the language of the reference to an arbitrator was a decision of “strategy”. An attorney may not successfully be sued in malpractice based upon a “strategic decision.” see the 8/17/05 note.

U.S. District Court judge Sue L. Robinson held that FHC failed adequately to investigate the obligations contained in the agreement at issue in the arbitration and failed to make an argument that would have prevented their client being held liable, reports Anthony Lin of the New York Law Journal http://www.nylj.com

Here, the court apparently found that there was insuficient consideration of a good argument, and that when a “strategic choice” is not reasonable both subjectively and objectively, it may not excuse malpractice.