Reading this case produces an image of a train rolling through the countryside, without anyone at the controls. It is the story of a car accident, an unjoined party, and mistake after mistake. In the end plaintiffs are non-suited and all the efforts are for naught.
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.
A Med Mal Case with Implications for Legal Malpractice
Our meme is that legal malpractice is ubiquitous and may arise in almost any setting. Here, in a medical malpractice case we see what could have been a nasty legal malpractice had the AD no intervened. In Westchester, cases go the the Trial Assignment Part which has broad discretion in the scheduling of trials. There is…
Worlds within Worlds in Legal Malpractice
We’ve noted in the past that legal malpractice cases sometimes have a history of legal malpractice within them. As an example, Moray v Koven & Krause, Esqs. 2010 NY Slip Op 07573 ; ;Court of Appeals ;Read, J. serves well. it involves a legal malpractice case levied against a former attorney who was involved…
Law Firms Sue for Fees; Can Legal Malpractice Cases be Far Behind?
Today’s New York Law Journal reports that attorney collections cases are up, and as many as 7 a week are being filed in New York County. As morning follows night, there will be a commensurate number of legal malpractice counterclaims. Christina Simmons writes:Suing clients for unpaid legal fees could become routine as firms are growing more assertive about collecting…
Elements of Legal Malpractice Causes of Action
The early days of the 20th century brought us the Robber barons, and the rise of corporations. The interconnectedness and remote nature of the relationships challenged the Courts, and led to a school of "better practice" business aspiration. Today, as long as a profit motive exists, there will be arrangements between persons which are created…
Non-Party Discovery in Legal Malpractice
One aspect of legal malpractice litigation is the failure to follow developments in the law. Rules change and not keeping up with the changes leads to mistakes, criticism and, later, litigation. The rules for non-party discovery have undergone some changes over the years, and today’s decision is worth reading.
In Kooper v Kooper ; 2010…
How Would a Competent and Qualified Attorney Litigate?
The question of how a competent and qualified attorney would handle a case is the crux of Bua v Purcell & Ingrao, P.C. 2012 NY Slip Op 06908 Decided on October 17, 2012 Appellate Division, Second Department . At issue is whether attorney committed malpractice in the termination of a real estate contract of…
An Alternative Take on Damages in Breach of Fiduciary Duty
Airey v Remmele 2012 NY Slip Op 22299 Decided on October 15, 2012 Supreme Court, Erie County NeMoyer, J. is a case we started to read, and then had to go back to the beginning to sort out. Who would have thought that this story would have happened in the Buffalo area?
While…
The Borrowing Statute and Legal Malpractice
In this recurring situation, plaintiff has both a California and a NY connection, and hired an attorney to do some work, which eventually goes sour. Frequently a case like this comes up in the entertainment field, with its CA and NY roots. As an example, Basilotta v Warshavsky ; 2011 NY Slip Op 32185(U); August…
Big Big Money Claims in Real Estate Legal Malpractice Case
The claims in this case (and the related cases) cannot be harmonized with the defenses. This series of huge real estate transactions either reveals corruption and theft, or plaintiff is totally wrong. There does not seem to be any middle ground.
Silver v Newman 2012 NY Slip Op 32572(U) October 2, 2012 Supreme Court, Suffolk…