As proof that Judiciary Law § 487 has entered the mainstream, and will likely be snapchatted soon,  take a look at Delbaun v Self Represented Kevin McKeown  May 30, 2019  Supreme Court, New York County Docket Number: 157986/2018 Judge: Andrew Borrok.  First, the names.  Is the caption not a tip off that this is a case with craziness in it?  Second, the cause of action.  Defendant would not return a book?

OK.   How did these folks know about JL § 487?

“This action arises from a dispute over Mr. McKeown’s use of a copyrighted book (the Book), coauthored by Mr. Delbaum and Lawrence Fleischer. The complaint alleges that Mr. McKeown
offered to help Mr. Delbaum prepare a publication proposal for the Book. Mr. Delbaum
accepted the offer and provided Mr. McKeown with a copy of the Book. Mr. Delbaum asserts
that Mr. McKeown did not perform the work as promised and Mr. McKeown did not return the
Book on request. As a result, Mr. Delbaum commenced this action for a permanent injunction, conversion, breach of contract, breach of the implied covenant of good faith and fair dealing and unjust enrichment. ”

“The third counterclaim alleges that Mr. Delbaum violated Judiciary Law § 487 and seeks an
order ofreferral to the Appellate Division, First Department, Attorney Grievance Committee (id.,
iii! 102-106). Mr. McKeown’ s third counterclaim fails to state a cause of action because
Judiciary Law § 487 is not applicable when Mr. Delbaum is a party to this action and represented
by counsel (see Siller v Third Brevoort Corp., 145 AD3d 595, 596 [1st Dept 2016] [affirming the
trial court’s dismissal of a claim that an individual violated Judiciary Law § 487 by making false
and misleading statements in an affirmation because the individual was a party to the action who
was represented by counsel, and not acting in her capacity as an attorney]). Mr. McKeown’s
arguments in opposition are unavailing. Therefore, Mr. McKeown’s three counterclaims are
dismissed. “

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.