Settlements in “open court” are one thing. They are enforceable just as they are. Anything else requires a signature. When the parties settled this matrimonial action using a court reporter in an attorney’s office they did not produce a document that was enforceable. This might very well be legal malpractice says the Second Department.
Read thisarticle, if only for the photograph of Sgt. Schultz, and the "I knew nothing" tag.
"The case of Consolidated Sports Media Group v. Godwin Gruber, which is scheduled to go to trial next month, reads at times like a John Grisham novel, complete with allegations of malpractice, the aforementioned pump-and-dump stock scams, …
It’s not entirely clear how the relationship between Attorney Fishkin and Marlow arose with Attorney Taras but it appears that Taras referred cases to Fishkin, or Fishkin was hired by Taras to work on the cases. many settled, but Fishkin and Marlow were not paid. They sued Taras for legal fees and lost on the basis …
This is a niche within a niche field. Here is a new review of a legal malpractice text in the Sarbanes Oxley act area.
A third hand report of a legal malpractice case, won by plaintiffs at the trial level, lost at the Nevada Supreme Court level and denied cert by the US Supreme Court.…
Here’s an interesting article. It’s old, but it’s a University of Chicago Law review article by Tom Bell
Without specifically saying so, a Hiscock & Barclay blog opines that collectability is the burden of plaintiff in the Second Department. However, there is a recent conflicting case in the First Department, Lindenman v. Kreitzer, 7 AD3d 30 [1st Dept 2004], see: 7/11/05 “Collectability in Attorney Malpractice” on this site.
Legal malpractice appears in all areas of legal work, and is more apparent to specialized practitioners than to the lay public or the general attorney population. Here is an example of a Patent Law Blog dealing with attorney malpractice. It deals with conflict of interest.