Client has lost millions and goes to attorney. Attorney arranges for a private investigator to work on the case. So far so good? The investigator’s contract called for payment of $ 350,000 plus 25% on success in locating assets. Clients thought this too much. Can a complaint for fraud adequately be stated on these facts?
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.
Where May You Bring That Legal Malpractice Case?
Plaintiff is injured while at work as a teacher in NYC and goes to an attorney. The attorney advises her to bring a Workers’ Compensation Claim, and does so for her. More than 90 days passes, and lo and behold, it turns out that Teachers in NYC are not covered by WC, and are (must)…
More Bello Malpractice Cases
Last week we reported on the disbarment of Tom Bello of Staten Island in Matter of Bello ;2013 NY Slip Op 06859 ; Decided on October 23, 2013 ; Appellate Division, Second Department ; Per Curiam.
Today, we see some of the after effects of his representation of other clients. in Stein v Research Found. …
Legal Malpractice Claim Survives While Judiciary Law 487 Claim is Dismissed
Client wants to open a business. Client goes to attorney to make sure that the store she is building in NYC will meet all codes. Attorney tells her no employee bathroom is necessary. The City says it is necessary. She loses the store as a result. Legal Malpractice?
In Cavlak v Helbraun; 2013 NY…
Is It Legal Malpractice Not to Produce Bills for Attorney Work?
In a most ironic turnabout. a law firm is sued for not producing bills. Often enough, it is claimed that legal malpractice cases start up when a law firm actually bills the client. Not here, in TufAmerica, Inc. v Warshavsky 2013 NY Slip Op 32690(U) October 24, 2013 Sup Ct, New York County Docket…
How Far is Too Far in Legal Malpractice?
The Surrogate of New York County has undoubtedly been presented with unique cases and big estates, but Matter of Eisenberg 2013 NY Slip Op 51713(U) Decided on October 15, 2013
Sur Ct, New York County Mella, J. presents some unusual issues.
Start with an attorney who boldly proclaims her lack of knowledge of wills…
Independent Contractors and Legal Malpractice
Plaintiff retains attorney to arrange for a tax free gift to her son. The IRS cutoff for tax free gift v. taxable gift is $1 million. She did not have a million in cash. However, she owned a valuable building in Manhattan. So, the law firm selected a Real Estate appraiser and arranged for the transaction. …
Departure? Yes, but no Ascertainable Damages Shown
Plaintiffs inIsaacson v Law Off. of Norman L. Horowitz, LLC 2013 NY Slip Op 32598(U) October 18, 2013; Supreme Court, New York County; Docket Number: 112174/2010; Judge: Joan A. Madden were commercial tennants who became disenchanged with the building after a big burglary. They had a ‘good guy" guarantee, and attempted to terminate their lease…
Legal Malpractice Unavailing and Now Enjoined
Here is a case in which the attorney has successfully shut down plaintiff’s case, plaintiff’s future cases, and in general, plaintiff himself. It’s rare that defendant scores a victory so comprehensive. The Appellate Division, and earlier, Justice Ling-Cohan in Banushi v Law Off. of Scott W. Epstein 2013 NY Slip Op 06930 Decided on October…
How Many Legal Malpractice Cases Will Follow the Bello Resignation?
Thomas F. Bello, an attorney from Staten Island is well known, and had many many clients. This week his resignation and disbarrment was accepted by the Appellate Division, Second Department. What is shocking is the number of clients who had made complaints against him, and how long it took to resolve the matter. Matter of Bello …