This Kentucky woman was sitting home, minding her own business when a plane crashed into the house.  She hired an attorney.

"An English teacher at Pineville High School, Osborne was devastated by the crash, which destroyed her home and belongings. Her blood pressure skyrocketed and her diabetes flared, according to her doctor, and each time she returned to sift through the contents of her former home, she broke into tears, she said.

She thought Keeney’s fee was expensive, but he promised that she had a strong case against the pilot, who owned the plane.

The National Transportation Safety Board’s findings, while not admissible in court, said the probable causes of the crash were inadequate maintenance and the pilot’s decision to fly with a "known deficiency."

Before the pilot took off, a mechanic saw him spraying fuel from a squirt bottle into an engine, which then backfired and burst into flames. The pilot departed anyway but got only 50 feet off the ground before losing power and crashing into Osborne’s attic. The pilot and a passenger survived, but were seriously injured.

The month after retaining Keeney, they met with the company’s adjuster, who had already cut checks for $151,390 for the loss of her home.

Even though Keeney had done "nothing to earn it," Sitlinger said, Keeney took 20 percent — about $30,000. After paying off her $96,000 mortgage, Osborne was left with about $24,000.

A few months later, after Osborne painstakingly worked to draw up an inventory of the home’s contents, State Farm paid out another $72,051; Keeney took 20 percent — again, "for no work," Sitlinger said.

Keeney claimed he sent $5,573 to Osborne’s ex-husband, David Osborne, to cover items he had stored in the house, but David Osborne swore later in a deposition that he never received it.

When she inquired about a third check from State Farm, for $11,000 in replacement costs, she discovered Keeney had deposited the check in his personal account — rather than an escrow account, as required by ethics rules, Sitlinger said.

Keeney had endorsed her signature, which he said he had the authority to do under a contract he produced only after Osborne sued him. He also testified that she had authorized him to put the money in his personal account.

"That’s a lie," Sitlinger told the jury. "I can’t sugarcoat it."

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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.