Oregon has a state sponsored legal malpractice program.  Here is an idiosyncratic view of the program and its imminent demise?

"My little law office was thriving. We did so many revocable trusts that my paralegal could turn them out in her spare time and I stopped paying attention. My lapse in this particular instance meant that my dead client’s stuff went to a near’do-well step-child rather than to her intended second husband–also my client. My survivor-husband-client was not happy, but for some reason continued to trust me, who knows why. I turned the matter over to the Professional Liability Fund (PLF) who assigned it to an able staff claims attorney.It took a united effort with the husband (my client) and the others working together for a reasonable resolution and settlement that made all parties happy. The PLF did not have to hire an outside defense attorney for me because the PLF staff attorney did such an able job.

The upshot was the husband-client and I got to know each other better through these negotiations. When I asked about the odd symbol on his business card he advised me that he was a mountain climbing guide. Before long I was enrolled and the next year he guided me to the top of Mt. Hood. He remains a friend. "

"The PLF was established in 1978 after a two year study by members of the Oregon State Bar and was approved by the Oregon legislature in 1977. Initially headed by Lester Rawls, the former Oregon Insurance Commissioner and past manager of a Portland insurance company, the PLF thrived until 2000. A series of unnecessary misjudgments and minor scandals lead to an able CEO’s departure and his replacement by Ira R. Zarov. A lawyer since 1974, Mr. Zarov’s career was primarily with Legal Aid before becoming the Chief Executive Officer of the PLF in 2000.

The PLF’s annual insurance premium was raised from $3,000 to $3,200 in 2007. There are 6,658 Oregon attorneys covered by the PLF. The PLF has 44 employees. During the last two years the PLF "….has seen dramatic increases in the amounts paid to outside legal counsel…" (PLF 2007 Budget Report Page 3) Surprise, Surprise. Past ‘bulletinsfromaloha’ articles have warned about the unholy alliance between the Oregon State Bar and Portland lawyers. Well, guess who are the "…outside legal counsel…" that are getting these "…dramatic increases…" Loss of innocence is a lifetime pursuit. "

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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.