Legal Malpractice in Hollywood should come as no surprise. We’ve commented on the widespread omnipresence of legal malpractice litigation, but had no idea we would be quoting Variety on the subject. Here is their report on legal malpractice and the "9 to 5" screen, stage and trust saga as well as the cult classic Harold
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.
Harbinger of Legal Malpractice Cases to Come?
As the economy has sunk, it is expected that legal malpractice cases will increase. One reason is that cases previously thought to be unworthy will garner new luster; another is that in commercial circumstances there will be opportunities for cases. Here is one example which did not work out for plaintiff. As more sub-prime lending…
Thoroughbred Legal Malpractice Case
This case illustrates the difference between legal malpractice and all other litigation, the "case within a case." Defendant attorneys admitted that they allowed a case to go into default, yet were successful in avoiding liability. Their defense? Even if we made the mistake, plaintiff could not have won the case after all.
From NY Lawyer comes…
What’s Worse than Legal Malpractice? Arrest
For an attorney, being sued is a traumatic event. Ones advice and acts are being criticized, and a former client is claiming injury as a result of your professional work. Not a good feeling. What could be worse? How about being arrested for giving advice to a client?
In this case, Vinluan v. Doyle…
The Connection between the Economy and Legal Malpractice
We’ve noted in the past that many legal malpractice cases arise when attorneys work outside of their zone of experience. As an example, there are unique rules for medical malpractice which do not exist elsewhere. A certificate of merit is required to be filed with the complaint, and the failure to file it can have…
Multiple Representation and Legal Malpractice
This case Tavarez v Hill ;2009 NY Slip Op 29002 ;Decided on January 5, 2009 ;Supreme Court, Bronx County ;Victor, J. recently partially decided covers two areas. The first area is disqualification of counsel because of multiple representation of four car accident victims, all in one car. "Should the court, sua sponte, stay the…
Medical Malpractice, Experts and Potential Legal Malpractice
Here is a fascinating case from the Fourth Department. Lawfirm refuses to pay expert for his trial testimony [what has happened to the demand that a certified check be handed over prior to taking the stand?] and expert sues for his fee. Law firm turns around and sues for loss of case based upon expert’s…
Guardian’s Attorney May not Be Sued in Legal Malpractice
This case discusses three important concepts in legal malpractice. Standing, immunity and proximate cause. Cangro v. Solimon 2008 Slip Op. 33345. holds that under Rule 1(h) of Part 36 of the Rules of the Chief Judge, a guardian ad litem’s attorney requires judicial appointment, and is immune from suit, absent permission from the court. The same is…
Will Foreclosure Cases Morph into Legal Malpractice
There is a traditional cadence to the start of a legal malpractice case. First comes a dispute, retention of an attorney, initial success, then a downturn into failure followed by a legal malpractice case. With the real estate market very troubled, and foreclosures on the rise, a prediction of legal malpractice/foreclosure actions is warranted. Here…
Always a Case within a Case in Legal Malpractice
As yet another example of why legal malpractice is a difficult discipline, here is a case in which there was a failure to file a counterclaim, The legal malpractice case ends in dismissal, because the Appellate Division determines that the counterclaim, even if made would have failed. Ginther v Rosenhoch ;2008 NY Slip Op…