Law firm is retained by A and knows that A and B have a contractural relationship. During the representation A notifies the law firm that if the case is settled some money will be given to B. By the time that the case is actually settled, A rescinds the advice and tells the law firm
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.
How Far may a Pro-Se Go in Legal Malpractice?
The answer to today’s question is "quite a ways." Without further comment, here is Breytman v Schechter ; 2011 NY Slip Op 51375(U) ; Decided on July 22, 2011 ; Supreme Court, Kings County
Schack, J.
" In my prior February 8, 2011 decision and order, I granted defendants summary judgment and dismissed the instant…
How Many Times Must a Defendant Be Sued in Legal Malpractice?
Plaintiff sues defendant as ABC, Esqs. and later finds out that the firm really is ABC, LLP. What are the consequences and how does one remedy the situation? One answer is given in Koch v Kyong Min 2011 NY Slip Op 31951(U) June 29, 2011 Sup Ct, NY County Judge: Emily Jane Goodman
However, not having…
Damags, Damages, Damages in Legal Malpractice
Courts seem to scrutinize the question of damages to a higher degree in legal malpractice litigation. Break a leg in a slip and fall, and the Court will never review an x-ray on a motion for summary judgment; have a car crash and no court will call in the body-shop guy on the question of…
In House Legal Malpractice
Car strikes pedestrian and pedestrian sues driver. Driver notifies its insurance company, and from there on in, the insurance company is in charge. Everything’s good, no? In this case, definitely not.
Kaur v American Tr. Ins. Co. ;2011 NY Slip Op 05938 ;Decided on July 14, 2011 ;Appellate Division, First Department shows just how…
Notorial Malpractice and Damages for an Attorney
Attorneys are notaries, simply for the asking. Notarized documents form the backbone of a legal system which relies upon their accuracy and deems the documents genuine. The system of legal documents in NY (forget aboutt the rest of America) would come to a screeching halt in the absence of recognition of notarized documents. What liability…
Winston & Strawn Legal Malpractice Case Continues
A legal malpractice case involving $2.5 million dollars in legal fees survived a motion to dismiss, and will continue. Brendon Pierson of the The NYLJ reported yesterday that Justice Gische of Supreme Court, New York County decided motions.
"Winston & Strawn must face a $2.5 million malpractice suit from former shareholders of pharmaceutical company…
Has the Law of Legal Malpractice Changed?
We’re pleased to point to our NY Law Journal article in today’s paper on changes in the law following Estate of Schneider v. Finmann, 15 NY3d 306 (2010). For the full article, see today’s NYLJ.
Funkadelic Legal Malpractice
OK, George Clinton was not exactly our first choice for music. After Jobim, Steely Dan, David Bromberg, he almost always came next. We are more interested, however, in his legal malpractice story. Here, without further embellishment is a very interesting article from the Hollywood Reporter.com.
"George Clinton is taking some revenge on the law firm…
Legal Malpractice Case is Dismissed…Was Plaintiff Compensated?
We admit that this case has us a little confused. In Pollan v Attie ;2011 NY Slip Op 51285 (U)decided on July 11, 2011 ;Supreme Court, Nassau County ; Marber, J. we see a plaintiff with a car accident personal injury case. Attorney 1 stipulates to an arbitration with a high low. It seems not to…