This report from the West Virginia Record is an eye-opener on politics and judicial elections.  The tip of the iceberg is an aside in which an attorney has been suspended for failing to disclose whether he has legal malpractice insurance.  The story is mulit-facited, however:

"MORGANTOWN – E-mails in state Supreme Court candidate Bob Bastress’ West Virginia University College of Law account show he and others speculating on the race.

"As for the campaign, it has heated up," Bastress, a WVU law professor, wrote to a former colleague in a Feb. 8 e-mail. "The stuff on Spike (Chief Justice Maynard) has made it interesting, and the rumors are heavy (some from apparently knowledgeable sources) that a lot more is coming."

The exchange was with Emily Spieler, dean of the Northeastern University College of Law in Boston. She is a former WVU law professor. The subject line of the e-mail was "Dean search," and part of it was redacted by WVU.

The West Virginia Record had requested phone and fax records for Bastress since Nov. 1, and e-mail records since Nov. 1 of campaign-related correspondence.

The e-mails show that Bastress has talked to other WVU faculty members, students and others about helping on his campaign, had official campaign literature sent to his law school e-mail account, sought donations and communicated with the media about the election and discussed the campaign with current state Supreme Court Justice Larry Starcher. State law prohibits the use of public resources to run a political campaign.

Phone and fax records, according to WVU’s FOIA reply, only are kept for long-distance calls and faxes. Bastress had no long-distance calls or faxes, according to WVU. Bastress also does not have a state-issued cell phone, WVU said.

"The feds have moved in, apparently," Bastress continued in his e-mail to Spieler. "I’ve also been informed another development is coming in the next week. We’ll see. Spike could implode at any time, and he is certainly wounded enough already to have made a race of it. …

"Responses are positive (which means next to nothing), but raising money continues to be a struggle."

Spieler replied asking about the other candidates.

"The other two candidates are Margaret Workman and Menis Ketchum," Bastress replied. "Menis, as you might recall, is a very successful trial lawyer in Huntington and will dump a lot of money into the campaign."

Spieler again replied.

"Bad news about Ketchum," she wrote. "Sorry."

Another exchange that was forwarded to Bastress was between filmmaker Wayne Ewing and Michael C. Farber, a Sutton attorney who currently is suspended for failure to pay dues and to disclose whether he carries malpractice insurance as well as an ethics violation. "

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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.