Legal malpractice cases seem to enjoy a higher level of scrutiny in motions to dismiss than do other species of law suit.  Perhaps this is just because it is lawyers examining the behavior of other lawyers.  Here is a case fron NJ on legal malpractice and a conflict of interest.

"Plaintiff, Frank Devone, appeals from a summary judgment dismissing his legal malpractice claim against defendant, Dominic S. Favieri, Jr., Esquire. The motion judge concluded that the records contained no evidence to establish proximate cause between defendant’s allegedly improper conduct and the loss claimed by plaintiff. We agree with the judge’s analysis and affirm. Defendant has filed a protective cross-appeal from the refusal by the motion judge to further determine that plaintiff’s claim was precluded by principles of collateral estoppel and the entire controversy doctrine. In light of our disposition of the appeal, we will not address the arguments raised by defendant in his cross-appeal.

Material factual premises underlying Dugan’s opinion are not supported by the record. Lack negotiated with the buyer on Marini’s behalf to obtain the consulting agreement for Marini. There is nothing in the record to support the allegation that defendant participated in those negotiations. And, by letter of February 20, 1998, the buyer’s attorney forwarded to Reilly a draft agreement of sale embodying the terms of the consent order in an expanded form. That agreement, although it was never signed, is significant because it contains a disclosure of the consulting agreement between the buyer and Marini. Indeed, that portion of the agreement is marked by a handwritten notation, apparently inserted by Reilly, following Marini’s name, stating "and/or Frank Devone," indicating an effort by Reilly to obtain from the buyer’s attorney a comparable or shared agreement to include his client. Further, Reilly’s billing records and plaintiff’s deposition make clear that Reilly reviewed the draft agreement with plaintiff.

Therefore, plaintiff and his personal attorney were on notice of Marini’s consulting agreement with the buyer before the transaction was consummated. Plaintiff produced no evidence to suggest that the buyer would have had any interest in hiring him as a consultant. He produced no certification from the buyer and did not depose the buyer. Nor did he produce any evidence, or conduct any discovery that might yield such evidence, to suggest that the $150,000 was actually additional purchase money and that Marini did not indeed provide consulting services for the buyer. "

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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.