Here is a problem that shows up with frequency: Is it legal malpracitce not to "freeze" or insulate the retirement account in a matrimonial action after agreement/verdict and before actual transfer.
Often, there is a long delay between agreement and transfer of the IRA or Pension accounts between H & W. Market changes make this…
Prof. Michael Ambrosino of Seton Hall School of Law argues that there is too much attorney-client confidentiality. He compares New Jersey to the rest of the nation and finds the other states wanting. His take?
"One can only speculate the extent to which bad legal advice or the ethical lapses of lawyers have contributed to…
Dorsey & Whtney is reported to be facing further woes from its Casino legal representation. Law.Com writes:
"A legal battle over a bungled finance deal for an Indian casino in upstate New York has Dorsey & Whitney scrambling to deflect a multimillion-dollar hit for legal malpractice.
Dorsey & Whitney already has filed an appeal to…
Plaintiff was the finacee of a World Trade Center victim and hired defendant attorney to pursue the WTC 9/11 Fund. She was shut out on all counts. As a fiancee she was not premitted recovery under any NJ statute, and the 9/11 Fund followed state law.
After being shut out across the board, she sued…
All right, this is admittedly a very dry subject. However, this legal malpractice case arose after a federal class action securities case, and involves $ big money. Here is the 2d Circuit Court’s decision, as reported in the Federal Civil Practice Bulletin.
Here is an article from Law.Com which tells the story of resignor Jay I. Gordon. He resigned from the bar last month after admitting $2 million in kickbacks from tax shelters to whom he referred and sent clients. The story. GT is also defendant in at least one legal malpractice case mentioned in the article.
Here is a sad report from Las Vegas. Attorney Lawrence Davidson is a missing defendant in a Federal indictment which was to be tried starting October 30. Defendant is charged with stealing $936,300 in settlement proceeds and taking off. Apparently not everone stays in Las Vegas.
One of the elements in legal malpractice is privity. That term means, a contractual relationship. Cllients often want to sue their opponent’s attorney, usually for the things they did for the opponent. For the most part, one may sue only his attorney, the is, the attorney who was retained.
One exception comes up with opinion…
What happens when the plaintiff may or may not have been able to collect from the underlying defendant? In attorney malpractice, it is always the obligation of plaintiff to prove that "but for" the negligence of the attorney, he would have had a successful or better outcome. What happens when the entity he would have…
A common law retaining lien entitles the outgoing attorney to retain all papers, securities, or money belonging to the client that came into the attorney’s possession in the course of representation, as security for payment of attorney’s fees. Arising from Judiciary Law 475, it is enforceable only by retention of the items themselves and is…
