One would expect a lot of probate work in Florida, as well as a more moderate amount of medical malpractice litigation there.  As surely as night follows day, there will be mistakes, miscommunications and legal malpractice claims where there is legal work.  Probate work involves transfers of money, and one might expect litigation over mistakes

Here is a budding legal malpractice case, arising out of a medical malpractice action.  2 defendants serve 90 day notices, and plaintiff tries to file a Note of Issue.  Clerk rejects NOI, and instead of immediately making a motion seeking more time, or the right to file a NOI, plaintiff puts the entire matter aside.

This situation comes up more often than we might imagine.  Disbared attorney refers cases to lawfirm which settles them. What fees may the disbared attorney demand?

Rothman v Benedict P. Morelli & Assoc., P.C.
2007 NY Slip Op 06934
Decided on September 25, 2007
Appellate Division, First Department

"Defendants’ motion to dismiss the complaint should