This Legal Profession Blog gives the latest update on mandatory legal malpractice and the status of its reqirement across the USA. The blog blurb.
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.
All this over $ 4000 in Legal Fees
Here is an example of how attorney fee cases lead to a plethora of work, trouble, litigation, and a very slim chnace of making any money. Attorney represents client in California case. Client does not pay $ 4000 in legal fees. Attorney sues client for $ 4000. Client has a NY attorney friend, who will…
A Georgia Early Adopter in Legal Malpractice
Here is a story about a Georgia attorney who has long specialized in legal malpractice litigation, both plaintiff’s and defendant’s. Here is Frank Beltran’s story.
Statute of Limitations in Alabama Legal Malpractice
Here is a fairly long discussion of the statute of limitations in legal malpractice in Alabama. They recognize the interesting question of whether the S/L starts to run before damage occures. For example, what if there is a mistake in creation of a will, but the will is not yet probated? Other examples are where there…
Waiver of Privilege in FL Legal Malpractice Case
Here is an interesting blog blurb from a Florida Torts publication: "The Week in Torts"
"Coates v. Akerman, Senterfitt & Edison, 31 Fla. L. Weekly D2623 (Fla. 2d DCA October 20, 2006):
In this legal malpractice case, the court reminded us that while the waiver of the attorney client and work product…
Discovery Statute of Limitations in NJ Legal Malpractice Case
Parents and children entered into a real estate sale of the family home from parents to children in order to save it from foreclosure. One attorney, who himself recognized the problem of representing both seller and buyer, did so nevertheless.
The big problem came to light years later when a "side deal" was unenforceable because…
Toms River NJ and Legal Malpractice
Politics or Discipline? Here is a story about a Toms River NJ councilman who is now facing legal malpractice and disciplinary trouble for allegedly "grossly neglecting a case." The Story.
New e-Discovery Rules go Into Effect
Here is a reminder that new e-Discovery rules to into effect in Federal Lawsuits tomorrow. A full compilation of the rules is found at "Electronic Discovery Rules Takes Center Stage" by Judge shira A. Schiendlin in the NYLJ on Sept. 13, 2004.
Proper Withdrawal of Counsel and Legal Malpractice in CA
Short comment: withdraw properly and there is no legal malpractice. Here is a case from California, commented on by the Appellate Law and Practice blog. Attorney correctly withdrew, hence no legal malpractice. The Comment.
Indemnification in California Legal Malpractice
Not satisfied with common law indemnifiation and respondeat superior, this case demonstrates that indemnification for defense of a legal malpractice case may be based upon state Labor laws. Here is the blurb.