Reported today in the NYLJ, the case of Sapir v. Resnick, Supreme Court, Nassau County , Decided February 26, 2008 illustrates an important point.  The attorney’s mistakes are but the starting point in any legal malpractice case.  Vitality of the underlying case is all important too.

Here, "Justice Palmieri held that malpractice had occurred "when the defendant attorney failed to place the matter on the trial calendar, and because of this failure, was dismissed.

Then, analysis went on to the underlying case, which was a defective ladder claim.  That claim was a defective ladder lock which led to a collapse.  The legal malpractice case was defeated by a ladder expert who testified, and convinced the jury, that the ladder could not have collapsed as described by plaintiff.  Result?  Defense verdict, even after a good demonstration of legal malpractice deviation.