New York Attorney Malpractice Blog

New York Attorney Malpractice Blog

Category Archives: Blog Articles

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An Illustrative Case in Legal Malpractice

Posted in Blog Articles
On some ocassions, the dissection of a case yields interesting insights.  Here is a Second Department Case: Petersen v Lysaght, Lysaght & Kramer, P.C. ,  2008 NY Slip Op 00472 Decided on January 22, 2008 ,Appellate Division, Second Department  which illustrates several points: 1.  Some cases are a problem from begining to end.  In this case… Continue Reading

Delaware and Personal Jurisdiction over Attorneys

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We’ve reported on the widespread influence of Deleware corporate law.  Many attorneys seemingly practice Delaware law without setting a foot there, without holding themselves out as Delaware attorneys.  This happens when they advise corporate clients on how Delaware would act. Here, in a Hinshaw report, is the collalary:  Delaware exercising personal jurisdiction over an ever widening… Continue Reading

Hospital, Its Attorney, Its Insurer and Conflict of Interest in Legal Malpractice

Posted in Blog Articles
Its Idaho, and its Winter.  However, this is not a weather blog.  Here is a case illustrating the age old conflict of interest between the insured and its insurer.  Here, the insured says that defendant attorney’s mission was to protect the insurance company, not the insured. The Times-News reports: "St. Luke’s Magic Valley Regional Medical… Continue Reading

Litigating against States

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Many legal malpractice cases arise from failures to file a notice of claim against a municipality or against the state.  The case law is rife with General Municipal Law mistakes, as well as Court of Claims Act errors.  This case, which involves not New York but Louisiana, shocks the conscience. Boudreaux v. State of Louisaina… Continue Reading

More on Electronic Discovery and Legal Malpractice

Posted in Blog Articles
Qualcom v. Boradcom Corp. is an important case.  Duane Morris reports that it will set the standard for all electronic discovery in litigation.  Once the standard is set, attorneys will be expected to heed and obey. "The district court was particularly concerned with upholding the good faith standard necessitated by the discovery system and emphasized that… Continue Reading

Electronic Discovery and Legal Malpractice

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Electronic Discovery is with us, has been regulated, and there are now standards for its use in litigation.  Attorneys for clients now have to advise on how to store, produce, resist demands, and comply with the appropriate rules. Whenever there is general agreement upon a standard of practice, the question of deviation from that standard… Continue Reading

Lawyers Not Playing Nicely and Legal Malpractice

Posted in Blog Articles
Wrangles between lawyers is certainly no headline.  Lawyers allowing venom to overpower reason similarly is no news.  The case of Minchew, Santner & Brenner, LLP, and Jamie M. Minchew, v. John H. Somoza, Eleftherios Kravaris, Melito & Anderson, P.C., Westport Insurance Corporation and Louis Venezia, SUPREME COURT OF NEW YORK, RICHMOND COUNTY ,2008 NY Slip Op… Continue Reading

Alcohol and Legal Malpractice?

Posted in Blog Articles
The West Virginia Record reports this case in which plaintiff was terminated by his employer.  Plaintiff’s claim is that he was fired for doing jury service.  He retained defendant attorney, and the case was litigated in Federal District Court, where it was dismissed on summary judgment.  Plaintiff claims that the attorney did not depose supporting witnesses,… Continue Reading

Lies, Crimes or Legal Malpractice

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CEO Gregory Reyes was sentenced this week.  Judge Charles Breyer told him that a false affidavit netted him 21 months rather than 15 months.  Here’s the problem for Reyes:  his attorney drafted the document, and admitted his own "poor drafting." So, is this the rare occurrence when an attorney creates the situation in which his… Continue Reading

Pennsylvania Formula for Calculating Statute of Limitations in Legal Malpractice

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When does the statute of limitations start to run on a legal malpractice case in Pennsylvania.  Hinshwaw reports on this issue. "The Pennsylvania Superior Court held that the statute of limitations for a legal malpractice claim begins to run when the malpractice is committed and is only tolled until the plaintiff should reasonably have found out… Continue Reading

Judicial Estoppel in Legal Malpractice

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Here is a case from New Jersey which gives a full explanation of "judicial estoppel" and its application to legal malpractice.  Generally, the issue comes up when a client agrees to a settlement, which it later finds to be inadequate.  The legal malpractice case which follows is defended, in part, by the assertion that the client… Continue Reading

Legal Malpractice Verdict after Medical Malpractice in a Death Case

Posted in Blog Articles
Failure to diagnose breast cancer…it’s a horrible thing.  When we think of a family member who could have been saved, who dies because of medical negligence, where a simple mammogram or simply reading it correctly could have made a difference… Here, after a death, the medical malpractice case was bungled, and a legal malpractice case… Continue Reading

Recent Cases in Legal Malpractice

Posted in Blog Articles
RECENT CASES IN LEGAL MALPRACTICE 1. CHICAGO TITLE INSURANCE COMPANY, Plaintiff, v BARBARA J. MAZULA, Defendant and Third-Party Plaintiff-Appellant; JAMES E. KEABLE, Third-Party Defendant-Respondent. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT 2008 NY Slip Op 27 January 3, 2008 This is a case in which the question becomes whether an individual or an… Continue Reading

Contingent Fees, Appeals and Legal Malpractice

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Attorneys and clients enter into contingent fee retainer agreements, which do not directly address the question of an appeal.  Is the legal fee for an appeal the responsibility of the client or the attorney in this situation?  Here is a case from Madison/St.Clair which discusses this question: "A legal malpractice claim filed by Donel Johnson claims… Continue Reading

Barnett v. Schwartz and Pre-Judgment Interest in Legal Malpractice

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The question of pre-judgment interest in legal malpractice has not been widely understood .  Generally, it was thought that an award of pre-judgment interest was determined on the same basis as in the underlying case.  Contract damages, yes.  Pain and suffereing, no. However, this case indicates that the real inquiry is whether there should be pre-judgment… Continue Reading
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