As reported in Verdict Search here are a list of nationwide “big defense wins” in Legal Malpractice.

Lawyer not liable for failing to discover prior trust
An attorney was not negligent for failing to discover a preexisting trust before preparing a last will and testament, a California jury found. Plaintiffs Guido Scarato, 70, and John Higgins, 82, were the beneficiaries of their friend Bruno Visca’s will. When Visca died, the attorney who had prepared it, Dennis Fox, discovered that there was a preexisting trust that did not leave anything to Scarato or Higgins. They brought an action in probate court, which resulted in their receiving about $460,000 out of the $1.3 million estate. They then sued Fox for legal malpractice. Fox argued that he was entitled to rely upon the testator’s representations that there were no prior wills or trusts.
Scarato v. Fox

Lawyer successfully argued case was a loser even if he had filed on time
A man who sued his attorney for failing to timely file a claim was denied recovery by a Florida jury. When attorney Ronald Guralnick attempted to file an excessive force suit in federal court, he discovered that the four-year statute of limitations had run. His client, Carlos Salomon, sued Guralnick for legal malpractice, claiming that the underlying claim, which alleged that Jacksonville, Fla., officers used excessive force during his arrest, leaving him confined to a wheelchair and blind in one eye, would have been a winner. Guralnick admitted failing to timely file, but argued that the case would not have been successful anyway because the police did not act with excessive force during Salomon’s arrest and the department took measures to ensure that police brutality would not occur.
Salomon v. Guralnick

Wrongly convicted man blamed public defender’s strategy
A man who served four years in prison for a crime he did not commit was denied recovery by an Illinois jury on his legal malpractice suit against the assistant public defender who handled his case and Cook County, Ill. Richard Johnson was charged with raping and robbing a college student. At his trial, APD Michael Halloran decided to move to exclude serology evidence and focus the defense on the weakness of the victim’s identification. Johnson was convicted and went to prison. DNA testing later demonstrated that he did not commit the crime. He was released from prison and pardoned. Halloran and Cook County argued that the serology evidence at trial did not exclude Johnson as the perpetrator.
Johnson v. Halloran

Jury sided with attorney who refused to rescind settlement
The attorney for a former undercover drug agent did not mishandle her wrongful termination suits, a Texas jury found. After agreeing to settle her wrongful termination cases against Chambers County, Texas, in 1999 for $8,000, Barbara Markham claimed that the county had intimidated her at mediation by threatening to arrest her. She claimed that she asked her attorney, Blair Brininger, to rescind the settlements and reinstate the cases. Brininger refused and Markham brought the instant action against him for attorney malpractice. Brininger denied that the county had threatened Markham and argued that Markham even told the judge that the settlement was voluntary. He claimed that if she didn’t like the result it was her fault for constantly changing her mind about the cases.
Markham v. Brininger

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.