Here, in an article by Anthony Lin are more changes to the relatively staid world of attorney fees. Retainer agreement rules are a shield and not a sword. Details. “A criminal defense lawyer’s failure to provide a client with an engagement letter or retainer agreement in violation of state code does not give the client
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.
Everything you knew about Attorney Fees is Wrong
Here is the famous Lynrd Skynrd royalties attorney fee case from the Court of Appeals. Now, says the NYJL in a John Caher article:
“* A client can ratify a fee agreement during a period of continuous representation;
* A client can ratify a fee agreement during a period of continuous representation even if attorney…
Legal Malpractice: Sue and ye shall be Sued
It’s really rare to see a new twist in litigation. Here’s one: Plaintiff’s attorneys in a securities fraud litigation are themselves sued for breach of fiduciary duty. As they say: a convoluted story. “The convoluted case — possibly a first, several lawyers said — grows out of long-running securities litigation against Tenet Healthcare, and the…
“Legal Malpractice” Thundering from the Bench
A California judge is repremanded for telling criminal defendants that the advice given them by their defense counsel was tantamount to legal malpractice. He was quoted: “Fine,” Mills said, according to a transcript. “Sometimes I can’t protect people from themselves, and sometimes I can’t protect people from an attorney that is giving them the wrong…
More Legal Malpractice Woes for Vinson & Elkins ?
Here is a report from TMC Net which tells us that additional documents and legal malpractice claims will be forthcoming in the Enron peripheral legal malpractice claims against Vinson & Elkins. They have already agreed to pay $ 30 million in partial settlement. Here are the details.
Serial Forgery Accusations and Legal Malpractice
Either this person is always</strong> in the wrong place, or there may be something to all of these accusations. This article about a Virginia attorneys tells us that he lost his “license as a broker on the New York Stock Exchange over allegations of forgery and misappropriation of a client’s money”, and was the…
Suspension in New York and Legal Malpractice ???
Here is a Front page “In Brief” story from the New York Law Journal: Attorney is suspended after he compounded what appears to be a rather common error. Client wanted to sue the State Board of Higher Education, probably for a slip and fall case on a campus. Attorney was required to file a…
Enron and Legal Malpractice
Here is an article from Bloomberg on line giving a non-attorney’s view of the Enron-Vinson & Elkins mess. Details.
Legal Malpractice in Oklahoma
Unlikely to make the NY papers, this was a lead article in The Oklahoman. The allegations apparently were that wife’s marital attorney signed some docmuments either “for” her, or without her knowledge, the act was discovered, and the divorce put on hold for a period of time. Result: legal malpractice case. Details.…
The Rate of Interest and Legal Malpractice
This case, from the Court of Appeals, appears to affect only matters in the Court of Claims. However, the question of the rate of interest to be applied to post-verdict and post-judgment awards implicates the entire spectrum of legal practice. Query: will there be a new requirement to bring in an economist to prove…