Union members often use attorneys who are provided by the Union. After all, they pay union dues and deserve this free attorney. However, when things go wrong, they cannot sue.
"Claim of malpractice by the union’s attorney rejected
Mamorella v Derkasch, App. Div., Fourth Dept., 276 AD2d 152
Lucille Mamorella asked the Appellate Division “to reject as against public policy the well-established rule that an attorney who performs services for and on behalf of a union may not be held liable in malpractice to individual union members where the services at issue constitute a part of the collective bargaining process.”
The Appellate Division declined to do so. The court said, "
Sound policy reasons as well as established precedent compel the conclusion that attorneys who perform services for and on behalf of a union may not be held liable in malpractice to individual grievants where the services the attorneys perform constitute a part of the collective bargaining process.
The court cited Peterson v Kennedy, 771 F2