Oleg Cassini was wildly successful as a fashion designer. When he divorced, back in the 1950’s he agreed that his estate would (50%) go to his two daughters. Fast forward to the 21st century. As you might guess, the daughters were disinherited. As you might further guess, this led to litigation. It led to legal
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.
Child Support, Jail, Legal Malpractice?
RIVERHEAD, NY The question of whether the attorneys departed from good practice, allowing Plaintiff to be jailed for contempt in not paying child and spousal support was determined in the summary judgment decision in Rivera v Kerr 2019 NY Slip Op 33047(U) October 11, 2019
Supreme Court, Suffolk County Docket Number: 17736/2015 Judge: Sanford Neil…
How Complicated Can These Relationships Get?
In the high-stakes corporate world, the money can get quite large and a large number of big-law firms can get involved. What happens when operating agreements between highly sophisticated parties, each of which are represented by law firms alter the landscape. Which law firms represented which parties, how did that change and is there privity…
This Problem Pops Up Years Later
Damage from legal malpractice can arise years after the event, and sometimes it is just too bad for plaintiff as we see in Sclafani v Kahn
2019 NY Slip Op 01115 [169 AD3d 846] February 13, 2019 Appellate Division, Second Department where a problem at closing did not manifest itself immediately.
“In January 2015, the…
Why Were Construction Injury Claims Dismissed ?
Dominguez v Mirman, Markovits & Landau, P.C. 2020 NY Slip Op 00845
Decided on February 5, 2020 Appellate Division, Second Department is not entirely clear on how the underlying case ended. Plaintiff pro-se might have settled the case and then discontinued, or he might have discontinued in mere pique. However, neither situation implicates the defendants…
Continuing Relationship, Continuing Problems, Continuous Representation
In the legal malpractice setting, continuous representation is well understood. In the medical setting, continuous treatment is well understood. The rationale is that it is better for a client/patient to stay with the professional and try to fix the mistakes/problems rather than litigate. So it is with professionals such as architects.
Be Very Careful What You Say…
It is not a big surprise that Ortiz v Joel J. Turney, LLC 2019 NY Slip Op 03917 [172 AD3d 553] May 21, 2019 Appellate Division, First Department is defended pro-se. It is surprising that this case went to an appeal. Here is the short and sweet decision:
“Defendants’ letter to plaintiff, in which they…
A Brazen Scheme and Loads of Lost Money
Leak v RBI Assoc., Ltd 2020 NY Slip Op 50072(U) Decided on January 14, 2020 Supreme Court, Kings County Fisher, J. is the story of cupidity, stupidity and criminality. The attorneys, however, are not held liable.
“In this action plaintiff Ernest Leak alleges causes of action primarily premised on negligence arising out of defendants’ actions…
Attorney Fees are the Problem in This Case
Aside from the normal, every-day problem of attorney fees in litigation and how they tend to stack up, in Quadracci v Klein 2019 NY Slip Op 33837(U) December 24, 2019 Supreme Court, New York County Docket Number: 650913/2016 Judge: Nancy M. Bannon there was a multiplication effect as attorney fees upon attorney fees had to…
This Might Become A New Area of Contention
In the distant past, there were no litigation funding companies. Slowly, they came into existence and even more slowly started to displace the strongly held belief that personal injury lawyers were required to bank the litigation costs of their clients. As some of the largest PI firms in NYS started to engage in litigation lending/funding…