The New York Law Journal reports a case of interest today: Bogoraz v. Simels from New York County. Justice Acosta wrote an opinion on the issue of “colorable innocence” in a legal malpractice action.
Here, plaintiff’s legal malpractice action was started while still under prosecution, after moving to a new attorney. In addition to the legal malpractice claims, there were claims that defendant took “non-refundable” retainers, took unreasonable fees, and must disgorge fees after “termination for cause.” After the start of the legal malpractice case, plaintiff pled guilty, and defendant moved to dismiss one of the causes of action. Justice Acosta dismissed the legal malpractice cause of action.
The case continues in Supreme Court, New York County on the remaining causes of action.