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.

There is something about New York real estate and lawyers that generates legal malpractice claims, and in this case, a Judiciary Law § 487 case.  In Knopf v Esposito  2019 NY Slip Op 33468(U) November 27, 2019 Supreme Court, New York County Docket Number: 150315/2019 Judge: Gerald Lebovits.

This decision bears on a simple evidentiary

In an extremely detailed analysis, the Second Department illustrates the difference between NY and Delaware attorney-privilege law in Askari v McDermott, Will & Emery, LLP  2019 NY Slip Op 08547 Decided on November 27, 2019 Appellate Division, Second Department
Austin, J., J.

“The attorney-client privilege is the oldest of the privileges for confidential communications known

Judge Billings untangles a complicated web of courts, causes and conclusions in Alphas v Smith  2019 NY Slip Op 33427(U) November 15, 2019 Supreme Court, New York County Docket Number: 155790/2015.  Questions of when the representation began, who has privity, what was the scope of the representation and did other attorneys cut off the liability

Judiciary Law § 487 is a favorite tool to use against attorneys.  It is ancient and powerful.  However, in Doscher v Meyer  2019 NY Slip Op 08171
Decided on November 13, 2019 Appellate Division, Second Department it was totally inapplicable.

“We agree with the Supreme Court’s determination granting those branches of the respective motions of

Legal malpractice issues, and definitely attorney-client privilege issues arise in Estates.  They can come up prior to death, by virtue of the death or afterwards, but in each instance there is a question of the relationship of the estate and the attorney, and who is now the “client” in terms of rights and privileges between

There is nothing new about the requirement that a defendant show both a reasonable excuse for the default as well as a meritorious defense to the action when seeking to vacate a default judgment.  Neely v Felicetti
2019 NY Slip Op 08282  Decided on November 14, 2019  Appellate Division, First Department simply repeats this ancient