The confluence of money, crime and high-stakes litigation is titillating.  When we read about people paying $108 in restitution, then facing RICO claims from the mother-in-law, and then being sued for deceit under Judiciary Law 487, it seems like a movie.

In today’sNew York Law Journal, Andrew Keshner writes about Ira Lee Sorkin, Judd Burstein and Jonathan Winston. 

"An adversary is seeking triple damages from Ira Lee Sorkin of Lowenstein Sandler for allegedly telling a federal judge "outright lies" about his possession of a privileged document that contributed to the judge’s decision to disqualify Sorkin from the case.

Last November, Eastern District Judge Arthur Spatt, sitting in Central Islip, disqualified Sorkin from pressing a civil racketeering suit against real estate developer Jonathan Winston. Spatt noted Sorkin’s prior representation of Winston and Sorkin’s possession of a memorandum that Winston’s defense attorneys drafted but never filed in court seeking to terminate Winston’s probation after he pleaded guilty to conspiracy to commit securities fraud and conspiracy to commit money laundering.

Spatt said Sorkin offered "varying accounts" of how he got the memo, which, Spatt added, was "clearly protected under the work product privilege" (NYLJ, Nov. 27, 2012).

After Spatt dismissed the civil racketeering suit on July 3, Winston filed suit against Sorkin on Tuesday in Nassau County Supreme Court under Judiciary Law §487, alleging Sorkin "engaged in deceit with intent to deceive the Court," when he explained to Spatt how he got the draft memorandum. "

The complaint in Winston v. Sorkin, 8227/13, argues that Sorkin first "improperly made use of an unquestionably privileged draft of a proposed court filing" as he prepared the civil racketeering suit. Then, "when counsel for Winston discovered Sorkin’s improper use of the Probation Memo, Sorkin embarked upon a course of deceitful conduct that involved offering numerous, conflicting explanations of how he came into possession of the Probation Memo, culminating in outright lies made in Court."

"Represented by Judd Burstein of Manhattan, Winston seeks damages of three times the cost of litigating the disqualification motion.

Burstein in an interview estimated legal bills connected to the case at about $100,000 and stressed the underlying case was "entirely frivolous" and a "fraud."

Sorkin said he had not yet seen the suit and declined further comment.

In 1999, Winston retained Sorkin to represent him after the National Association of Securities Dealers—the predecessor of the Financial Industry Regulatory Authority—launched a probe into Winston and his securities brokerage firm, First United Equities Corporation.

When Winston became aware that he was also the subject of a criminal probe by the Eastern District U.S. attorney, he asked Sorkin to defend him but Sorkin declined, citing a conflict of interest"

 

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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.