Attorneys deal with issues that have big numbers attached to them. Here is a story about an Indiana law firm that got into a big problem. The article does not say how the negotiation went bad, but the end result was that the law firm assigned its bad faith claim against its own insurer to
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.
Legal Malpractice in the Hamptons
One of the more interesting aspects of legal malpractice is its utter ubiquity. Look at any institution and lurking behind it may be a case of legal malpractice. It’s not surprising, as attorneys are everywhere involved in transactional or litigative work. A favorite New Yorker cartoon shows a 5 year old whose ice cream cone…
Legal Malpractice for Negligent Supervision
Plaintiff obtains a $ 1.2 million dollar verdict and pursues defendant to Florida, trying to collect the judgment. Defendant dies, and plaintiff’s attorneys retain Florida counsel to go after the estate. Here in Whalen v DeGraff, Foy, Conway, Holt-Harris & Mealey ,2008 NY Slip Op 06342 [53 AD3d 912] ,July 17, 2008 ,Appellate Division…
Losing All Around in Legal Malpractice
In New York one must show "actual innocence" in a legal malpractice case arising from criminal defense by the target attorney. This standard is very difficult to demonstrate, and generally requires either an acquittal or reversal. Here is a slightly different take from Connecticut, via the Legal Profession Blog.
"The lawyer had been retained to defend…
CPLR 3211 and 3212 Motions in Legal Malpractice
Plaintiff unsuccessfully defended a CPLR 3211 motion brought by attorney group number 1 in a legal malpractice case. Plaintiff was represented by group 1 and then mid-stream terminated them and moved to attorney group 2, who successfully settled the case. In KWANGJIN SONG, PLAINTIFF-APPELLANT, v WOODS OVIATT GILMAN LLP AND ROBERT S. ATTARDO, DEFENDANTS-RESPONDENTS. 2008 NY…
Is the Failure to Investigate Legal Malpractice?
The short answer is, Yes… Here is a more fully reasoned opinion from the Third Department in Thompson v. Seligman, 2008 NY Slip Op 06496 [53 AD3d 1019] ;July 31, 2008 ;Appellate Division, Third Department :
"Plaintiff commenced this legal malpractice action against defendants on the ground that they failed to timely advise her…
Privity and Estates in Legal Malpractice
The question of estate legal malpractice is fraught with standing problems. For example, if attorney drafts a will which is the product of undue influence, or demonstrably runs contra to the decedent’s desires, who has the capacity to sue?
In Texas the rule seems more relaxed than in NY. From the Jefferson Court Blog we…
The “Lost Opportunity to Settle” in Legal Malpractice
In this case, Silva v. Worby recently decided, the Appellate Division reversed a dismissal under summary judgment over the potential settlement of a case. The lost opportunity to settle a case is not often discussed, but in this short decision the principal is crystal clear.
"The conflicting deposition testimony and affidavits submitted by the…
What Remains Confidential in Legal Malpractice
Documents filed in matrimonial actions remain confidential. Anyone may look at court files, but not matrimonial court files.Domestic Relations Law § 235(1) . But what happens when a divorced plaintiff sues for legal malpractice based upon the divorce? Confidentiality gives way to disclosure..
Kodsi v Gee ,2008 NY Slip Op 06938 ,Decided on September…
What of Legal Malpractice and the Plaintiff?
The New York Law Journal reported a bizare instance of attorney misconduct in which plaintiff’s trial attorney acted so badly that the case was dismissed, the attorney charged with criminal contempt. tried and convicted. She now faces probation and suspension. But, what of the plaintiff and his case? A good guess? Plaintiff loses all…