This is not strictly a legal malpractice case, yet there are allusions within the appellate decision. This case is a warning to attorneys who attend Independent Medical Examinations (a sometimes oxymoron because they are rarely independent, and sometimes not so medical) that they cannot surreptitiously record the exam. In this case, with the extraordinary interference
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 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.
Arbitration Materials Discoverable in a Professional Malpractice Case
In a breach of contract and professional malpractice, plaintiff entered into a private mediation with a non-party, which affected its claim against Defendant. May defendant obtain the arbitration documents in order to defend himself? Answer: yes.
City of Newburgh, N.Y. v Hauser 2015 NY Slip Op 02442 [126 AD3d 926] March 25, 2015 Appellate Division,…
Strict Liability? Strictly Out of Luck in a Legal Malpractice Case
“Strict liability” renders a defendant legally responsible for damage and losses regardless of culpability or intent, fault or negligence. In Tang v Marks 2015 NY Slip Op 08110 Decided on November 12, 2015 Appellate Division, First Department it rendered plaintiff unable to sue defendant for legal malpractice.
“Defendant Marks, an attorney, represented plaintiffs in an…
This Legal Malpractice Case Runs Afoul of Two Rules
McPhillips v Bauman 2015 NY Slip Op 08218 Decided on November 12, 2015 Appellate Division, Third Department is the very rare case in which the State defends a legal malpractice case. Here, a host of prison employees and the state were sued for the death of an incarcerated prisoner . The physician’s conduct was unfavorably…
Ratification, Collateral Estoppel and Legal Malpractice
A constant in legal malpractice litigation is the fact that it always arises from a former representation of the client by the attorney. How does the underlying record influence or limit the scope of legal malpractice. Take the example of a company getting information from its attorney and acting on that information. Assume that the…
Too Big To Fail? Not In This Legal Malpractice Situation
The scope of legal malpractice litigation is wide, and sometimes surprisingly deep. Wachtell, Lipton, Rosen & Katz v CVR Energy, Inc. 2015 NY Slip Op 30270(U) February 24, 2015
Supreme Court, New York County Docket Number: 654343/2013 Judge: O. Peter Sherwood is a case that involves Carl Ichan, huge sums of money and a starkly…
It’s An Exacting Standard, and Lawyers Benefit From the Protection
Legal malpractice claims, in contradistinction to all other professional negligence claims, enjoy an extra layer of protection for the attorney. Not only must one find a departure from good practice, which proximately damaged the client, but (and only in legal malpractice) one must meet the “exacting standard” that but for the attorney’s negligence the outcome…
In Pari Delicto and Professional Malpractice
When might the professional be responsible for mistakes, yet given a pass because of the client’s conduct? It happens with some regularity in the accountant malpractice area. Accountant makes a professional error, yet client is unable to sue because it has “dirty hands.” One frequent fact pattern is a rogue insider who causes problems that…
Will This Failed Fraud Claim Be Followed By A Legal Malpractice Claim?
Katzrin Fin. Group, LLC v Arcapex LLC 2015 NY Slip Op 31971(U) October 22, 2015
Supreme Court, New York County Docket Number: 651129/2014 Judge: Anil C. Singh presents the very troubling question of how did a sophisticated business entity, used to lending $1 Million on a handshake end up losing $5 Million in a loan…
When Legal Malpractice is Like Billiards
A successful legal malpractice case is to regular litigation as billiards is to pool. To the uninitiated, pool is a gave with 15 balls and a cue ball. One uses the cue ball to propel the subject balls into pockets. On ocassion, a combination shot is required.Carom or three-cushion billiards requires much more sophisticated play…