Is a motion for summary judgment in a legal malpractice case timely or not? One Supreme Court Justice says that it is, and one says that it is not? is the first decision the law of the case or not? Is the Appellate Division bound by an earlier decision? How can two learned justices disagree
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.
The Collateral Estoppel Trap in Legal Malpractice
We’ve discussed the oft-found fact situation of how a fee determination by a bankruptcy court may block a later legal malpractice action. In Breslin Realty Dev. Corp. v Shaw ; 2010 NY Slip Op 00087 Decided on January 5, 2010; Appellate Division, Second Department; Chambers, J., J. the court writes persuasively about the concept:
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How Many Depositions Are Permitted in Legal Malpractice
It’s a trick question. The answer is always those that are relevant, material and cannot be obtained elsewhere. In the Fourth Department, this case states the rule:Riordan v Cellino & Barnes, P.C.
2011 NY Slip Op 03769 ;Decided on May 6, 2011 ; Appellate Division, Fourth Department
"Memorandum: Plaintiffs commenced this legal malpractice…
Nobel Laureat and Legal Malpractice
Legal malpractice is ubiquitous. All social classes are potential litigants, and almost every human endeavor (which interact with the law) will have incidences of legal malpractice. We are reminded of the New Yorker cartoon in which a small boy cries over a dropped ice cream cone, and a suited man asks "Do you need an…
Legal Malpractice in the Big Leagues, Followed by Bankruptcy
In re: Teligent, Incorporated, Debtor v. K&L Gates LLP, 10-2257-bk (L);U.S. Court of Appeals, Second Circuit Bankruptcy is an odd case. It combines elements of bad faith litigation, Mary Carter agreements, bankruptcy dealing and huge sums. A"’Mary Carter" agreement can give the "settling" defendant a financial interest in the remainder of the plaintiff’s case and…
Legal Malpractice Happening Elsewhere
Legal malpractice litigagnts, as well as most other plaintiffs, would like to bring a case where they live. It’s convenient, it’s more likely favorable, and it’s easier. However, a case which took place in a neighboring state may not be proper to bring in NY. Here is an example. In Paolucci v Kamas
2011 NY…
A Hollow Victory for Client in a Legal Malpractice Case
In Law Offs. of D’amico & Assoc., PLLC v D’Elia ; 2011 NY Slip Op 21160 ; Decided on April 26, 2011 ; Appellate Term, Second Department attorney (plaintiff) has sued client (defendant) for fees, while at the same time attorney (defendant) is being sued for legal malpractice in Supreme Court by Client (plaintiff.) What…
Small Claims Court, Sustantial Justice and Legal Malpractice
Legal malpractice litigation is a complicated matter, with the need to prove hypothetical outcomes, requirements for experts, and proofs that things would have come out differently. It is not for the faint of heart. Pro-se litigants do poorly here.
In Kovitz v Wenig, Ginsberg, Saltiel & Greene, LLP ; 2011 NY Slip Op 50768(U) ; …
What is Judgment, What is Art and What is Science in Legal Malpractice?
LOK PRAKASHAN, LTD. -v.- RALPH A. BERMAN, DAVIDOFF MALITO & HUTCHER, LLP,
No. 09-0136-cv; UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT;2009 U.S. App. LEXIS 22988 is an example of the Court’s continued romance with the concept that litigation is an art and not a science.
What is a question of judgment? " "A…
Mistakes, Legal Malpractice and the Combination Thereof
We are often struck by the human element and how it interacts with the institutional element of litigation. Schedules are packed, attorneys have many cases, court dates go unrecorded, attorneys just don’t show up for conferences, and yet the cases go on. We believe that even in a successful case for one side or the…