Legal Malpractice Basics

Over the years, settlement agreements, multi-pages of releases and representations have come to be the norm.  No longer is a Blumberg release sufficient.  In Stolper v Burbacki  2021 NY Slip Op 06822 Decided on December 07, 2021 Appellate Division, First Department the agreement contained typical language such as releasing “lawyers, and all others who may

The law firm represented itself.  No appearance shows for Respondent.  Appellant nevertheless loses in Napoli v Rubin  2021 NY Slip Op 06180
Decided on November 10, 2021 Appellate Division, Second Department.  Sadly, the Appellate Division gives very little explanation of why.

“In March 2017, the plaintiff commenced this action to recover damages for legal malpractice,

Professional negligence is different in different professions.  Attorneys are held to a standard of practice which requires them to to engage in greater background investigation than do the rules for accountants.  Deane v Brodman  2021 NY Slip Op 01842 [192 AD3d 577] March 25, 2021
Appellate Division, First Department discusses whether an accountant may rely

The Second Department rarely reverses summary judgment in a legal malpractice setting.  Of that subset of rare reversals, matrimonial legal malpractice is a very small portion.  Nevertheless, in Lauder v Goldhamer
2020 NY Slip Op 01152 Decided on February 19, 2020 Appellate Division, Second Department appellant won all around.

“The plaintiff commenced this action alleging,