New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Archives

Subscribe to Archives RSS Feed

Settlements and Their Memorialization

Posted in Archives
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. Lieberman… Continue Reading

Collectability in Legal Malpracitce

Posted in Archives
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.… Continue Reading

Elements of Legal Malpractice

Posted in Archives
What are the elements of Professional Malpractice? Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a “deviation from good and accepted legal practice, where the client has been proximately… Continue Reading

What is Professional Malpractice

Posted in Archives
What is Professional Malpractice? Malpractice is a professional’s failure to use minimally adequate levels of care, skill or diligence in the performance of the professional’s duties, causing harm to another. In New York, attorney malpractice is defined as a “deviation from good and accepted legal practice, where the client has been proximately damaged by that… Continue Reading

Legal Malpractice and Harriet Miers

Posted in Archives
Buried within the political and social commentary on the president’s nominee, Harriet Miers, is a nugget of legal malpractice information. Blue Mass. Group tells us that while the nominee was a managing partner at Locke Liddell she approved settlement of two huge legal malpractice cases. One settlement was for an allegation that the law firm… Continue Reading
.