Norman B. Arnoff and Susan Jacobs’recent article in the NYLJ reviewes three cases with new or novel legal malpractice allegations. They are Ideal Steel Supply Corp.v. Beil, Grochocinski v. Mayer Brown Rowe & Maw LLP, and Trautenberg v. Paul Weiss Rikind, Wharton & Garrison LLP.
We reported on each of these cases, but the thread, say Arnoff & Jacobs, is that attorneys are using new and unique theories. In Ideal Steel the theory was that the attorneys pursued a "unique and novel" RICO theory and lost. In Grochocinski, the theory was that Mayer Brown advised a client not to respond to a TRO motion. In Trautenberg, the theory was breach of fiduciary duty when Paul Weiss represented Citibank and plaintiff in arbitrations.
For a law professor’s comments on these cases, see this article.