Legal Malpractice cases arise from any number of interesting underlaying matters.  In Shawandya L. Simpson v. Bernard M. Alter and Diana A. Johnson, the legal malpractice case alleges breach of fiduciary duty, conflict of interest, legal malpractice and wrongful disclosure of information.

Here, Simpson was running for judicial office in Brooklyn as was Diana Johnson.  Simpson had retained Alter to help her "establish a sufficient residency in the borough of Brooklyn to allow her to run for judicial office in that County."  He did the work, and she ran for office.

In the internecine world of borough politics, naturally an opponent sought to keep her off the ballot.  Johnson retained Alter to do so, in 2004.  There was a hearing on interlocutory applications as well "as the ultimate relief to remove Simpson from the ballot."  Alter no longer represented Simpson, and was permitted to represent her opponent on trial.  However, there were limits on the questions he could ask. The Court challenged Alter on his cross-exam, threatening to disqualify him.  Alter tailored his questions in the face of the court’s ruling.

Now, Simpson successfully avoids dismissal, and may move ahead on her breach case.